1. Of the judgment of the court of first instance, the part of the claim against the defendant C is revoked, and the plaintiff's claim corresponding to that part is revoked.

Basic Facts

On May 1, 2012, the Plaintiff is running H Housing Association Project (hereinafter “instant project”) in G under the name of F Co., Ltd. (hereinafter “F”), the representative of D Co., Ltd. (hereinafter “F”), which is the land of Defendant B’s land resident, from Defendant B, who is the DongN resident, (hereinafter “Defendant B”), and if he lends KRW 200 million to E, he/she would be paid KRW 20 million interest, and the principal may be recovered after two months. Accordingly, he/she would receive proposals and accordingly, transferred KRW 170 million to E on June 1, 2012 for construction loans (hereinafter “the instant loan”).

(A) After November 28, 2012, the Defendant sold to the Plaintiff a claim against D by a financial institution related to the instant business as a non-performing loan to another institution due to D’s financial difficulties, and D employee I received all the claim for the construction cost of D’s instant business from E, and the Plaintiff paid KRW 10 million for the collection of D’s construction cost, the instant loan may be collected if the Plaintiff paid KRW 10 million for the collection of D’s construction cost. In response, on November 28, 2012, the Plaintiff transferred KRW 10 million for the account of Defendant C, the wife of Defendant B, as the litigation cost of D (hereinafter “instant money”).

Since then, on March 9, 2017, the Plaintiff’s children J demanded Defendant B to “the amount transferred to Defendant C’s account, even if so, to be settled first,” and Defendant B would be liable for settlement until April.

To conclude April, May and May.

Although the Plaintiff responded to the purport of “A”, the Plaintiff did not receive a refund of the instant loan and the instant money until now. 【The Plaintiff did not have any dispute as to the ground for recognition, evidence Nos. 1, 2, and 4, evidence Nos. 4-1, 2, and 5-2, and evidence Nos. 6-1, 6-2, the purport of the entire pleadings, and the assertion of the purport of the entire pleadings, and the claim against Defendant B, the Plaintiff’s assertion that the Plaintiff asserted against the Plaintiff is “I’s litigation costs from the Plaintiff.”