1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. Basic facts

A. On April 2006, the Defendant, as a doctor, entered into a delegation contract for building a convalescent hospital between the Plaintiff and the Defendant (hereinafter referred to as “each of the instant lands”), refers to each of the instant lands listed in the separate sheet located in Busan Metropolitan City, as indicated in the separate sheet (hereinafter referred to as “each of the instant lands”), and where each of the instant lands is specified, “the instant land” according to the sequence listed in the separate sheet.

3) On the ground of the instant convalescent hospital (hereinafter “instant convalescent hospital”)

(2) In order to construct the instant convalescent, the Plaintiff entrusted the Plaintiff with the business of obtaining the construction permit of the said convalescent hospital. (2) The Plaintiff agreed that the Plaintiff will not bear any economic burden on the Defendant except for the Plaintiff’s receipt of each of the instant land and the Defendant’s name with respect to the acquisition procedure of the said construction permit. However, in the event that the Plaintiff obtained the said construction permit, the Plaintiff agreed that the Defendant will bear the expenses incurred in the process up to KRW 160 million.

B. The Plaintiff’s loan execution 1) The Plaintiff, under the name of the Defendant, set up a collateral security right of KRW 28 million on behalf of the Defendant on May 8, 2006 on behalf of the Plaintiff, with the authority delegated by the Defendant to use for expenses, etc. related to the building permit, construction work, etc. of the instant convalescent hospital (hereinafter “D Association”).

(2) Around August 27, 2008, the Plaintiff borrowed 180 million won and KRW 84 million on each day under the name of the Defendant respectively, with the right to collateral security of KRW 250 million on the land of this case Nos. 1, 2, and 50 million, and with the right to collateral security of KRW 130 million on November 17, 2008.

C. On October 9, 2012, the Plaintiff acquired a building permit for a convalescent hospital under the name of the Defendant from the mayor of the Busan Metropolitan City.

The plaintiff and the defendant