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. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendant asserts that the additional judgment is merely a conditional security that the Defendant would return the loan certificate (No. 1) of this case to the Defendant in advance by C, a corporation, at the time of return to the Defendant.

The above assertion is not accepted in light of the following facts: (a) the Plaintiff did not state such conditions on the above loan certificate; (b) if the Plaintiff transferred KRW 50 million to C is merely the Plaintiff’s investment loan unrelated to the Defendant, there is no reason to conclude that the Defendant would recover the amount of its investment first and pay it again to the Plaintiff; and (c) the Plaintiff would only recover the amount of direct investment from C, and it is difficult to recognize a reasonable need to receive it through the Defendant: (a) the Defendant and the Plaintiff agree with the Plaintiff and C, to agree that the Plaintiff would borrow the amount of KRW 50 million that the Plaintiff transferred to C, as the Defendant borrowed from the Plaintiff (the first day of the trial of the first instance); and (b) the loan certificate prepared between the Defendant and C (the amount of KRW 20 million). Thus, even if the Defendant and the representative director of the Plaintiff and the Defendant were to pay KRW 50 million each of the amounts to KRW 100 million,000,000,0000,000 to the Plaintiff.

3. The decision of the first instance court is justifiable, and the defendant's appeal is dismissed.