1. All appeals filed by the Defendant-Counterclaim Plaintiff and the counterclaim claim filed in the trial are dismissed.

2. After an appeal is filed.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

From May 31, 2012 to September 4, 2012, the Plaintiff wired a total of KRW 226,860,000 in several times to an account under the name of the Defendant or Defendant C.

(2) The Plaintiff transferred KRW 26,860,00 to the Defendant (hereinafter “the instant money”). On July 12, 2012, the Plaintiff set up a mortgage on the same day with the maximum debt amount of KRW 250,00,000, and the debtor C with the maximum debt amount of KRW 250,000,00, and completed the registration on the same day.

On October 4, 2012, the Defendant prepared a loan certificate (No. 6, hereinafter “the loan certificate of this case”) as follows and delivered it to the Plaintiff.

I agree to repay by October 31, 2012 the difference in investment funds, which have been remitted from A to B and C account from May 31, 2012, and have not been repaid from A to September 4, 2012, KRW 185,000,000,000 ( KRW 185,058,472).

I would like to accept any civil or criminal punishment when I will take the date of the repayment of A's investment funds.

On October 4, 2012, the date of its preparation, the Plaintiff applied for a voluntary auction on the instant apartment to the Goyang-gu District Court Goyang-do E, and received dividends of KRW 100,568,523 as the mortgagee on August 14, 2013.

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1, 2, 6, 7, and 8, and the purport of the entire pleadings, the gist of the plaintiff's assertion is that the defendant lent the import cost of the used equipment parts from China, and the plaintiff lent the money of this case to the defendant.

However, the defendant did not use it for the import of heavy equipment and parts and used it for personal purposes, and the plaintiff requested repayment of money.

Accordingly, on October 4, 2012, the Plaintiff and the Defendant agreed to pay the borrowed principal in KRW 185,058,472, which remains after calculating the loan and the repayment, etc., and the Defendant agreed to pay it until October 31, 2012.