1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. On January 15, 2015, Co-Defendant B of the first instance trial (hereinafter “B”) ordered the Plaintiff to subcontract the construction of electricity and machinery and equipment to H, the representative director of the Plaintiff, “B, among the construction works for newly constructing urban-type residential housing in the size of 2nd and 6th above the ground surface of Dobong-gu Seoul, Seoul, which the Defendant constructed (hereinafter “instant construction works”). However, as the construction cost is required for the instant construction works, if the construction cost is KRW 70,000,000,000,000 is lent to the Defendant by February 28, 2015, the Plaintiff borrowed KRW 70,000 to the Defendant on the same day.

(hereinafter “instant loan”). (b) The instant loan

B, on the same day, H, the representative director of the Plaintiff, drafted and delivered a loan certificate under the name of the Defendant (hereinafter “the loan certificate of this case”) on behalf of the Defendant, stating that “The amount of the loan of this case was borrowed on January 15, 2015 in the course of carrying out the construction of this case, and the return was decided February 28, 2015.”

C. B also, between the Plaintiff and the Plaintiff on the same day, drafted a subcontract agreement under the name of the Defendant on behalf of the Defendant with the purport that “the Defendant subcontracts the electrical construction of the instant construction to the Plaintiff at KRW 950 million, and subcontracts each of the mechanical facility works of KRW 1.39 billion during the instant construction to the Plaintiff.”

B, on May 27, 2015, on the part of the Plaintiff, a written statement of payment under the name of the Defendant (hereinafter referred to as “written statement of payment in this case”) was prepared and delivered to the Plaintiff on behalf of the Defendant, stating that “The above amount shall be the amount borrowed as a subcontract for the instant construction project and shall be paid by June 15, 2015, until June 2015,” with the effect that “the above amount shall be the amount borrowed as a subcontract for the instant construction project, and shall be charged with all civil and criminal responsibilities in the event of nonperformance of this letter.”

[Reasons for Recognition]: Facts without dispute, Gap 1 through 7 evidence, Gap 13 evidence 19, the purport of the whole pleadings.