1.The judgment of the first instance shall be modified as follows:

upon the first preliminary claim added at the trial.

1. Basic facts

A. On January 17, 2006, the Plaintiff remitted KRW 50 million to the account under C’s name, and transferred KRW 30 million to the account under the Defendant’s name on April 27, 2006, and KRW 90 million on July 19, 2006, including remitting KRW 10 million to the same account.

B. After receiving a monthly amount from G, H, etc., the Defendant remitted a monthly amount of KRW 16,377,00 as a sum, from February 17, 2006 to November 29, 2006, to KRW 3,50,000,000 for the Plaintiff’s account in the Plaintiff’s name, and from December 27, 2006, to KRW 16,377,00 for each month from December 27, 2006 to December 4, 207, respectively.

C. The E Co., Ltd. (hereinafter “E”) is a company engaged in the bill discount purchase, credit business, etc., and C is a representative director of E; G is a person who served as the said executive director; H is a person who was the actual operator of E and K was a director of J and K, a credit business company, the Chairperson of E.

Meanwhile, from March 18, 2005 to March 2, 2007, the Defendant invested KRW 1,152,155,00 in aggregate to E. From March 22, 2005 to May 31, 2007 (i.e., dividend amount of KRW 101,626,00, KRW 821,165,770).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 3, 4, 10, 11 (including each number; hereinafter the same shall apply), the testimony of witness G of the first instance court and the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. The plaintiff asserts that the plaintiff is obligated to pay the plaintiff the above KRW 90 million and the unpaid interest or delay damages, upon the defendant's request that the amount to be invested in E be needed, the plaintiff lent the interest to the defendant at KRW 60 million per annum. Thus, the defendant asserts that the defendant is obligated to pay the plaintiff the above KRW 90 million and the unpaid interest or delay damages. 2) Accordingly, the above KRW 90 million are the money invested in E through the defendant, the existing investor of E, and the defendant pays the plaintiff's dividends from E.