1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. A. Around March 2005, the Defendant requested C to provide a loan for operating funds for performing performance by proxy, such as D and E, while conducting a performance by an artist as proxy.

C introduced the Defendant to the Plaintiff.

B. On March 30, 2005, the Plaintiff lent KRW 22 million to the Defendant.

On April 21, 2005, the Plaintiff deposited KRW 18 million in the bank account (Account Number G) in the name of the Defendant F used by the Defendant.

On the same day, the defendant drawn up a loan certificate of KRW 20 million with the following contents to the plaintiff.

I have promised to borrow 20 million won to the Plaintiff and to repay on May 6, 2005.

When violating the above matters, the civil and criminal liability shall be the principal, and it shall also be entrusted to the Plaintiff the sales amount of the E contact (Ulsan, Suwon) that the principal proceeds and manufactures.

C. The Defendant paid C’s account KRW 19 million on June 30, 2005, and KRW 15 million on July 4, 2005.

C entered the remitter as the defendant and transferred the money to the Plaintiff’s account.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 3 and 6, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion 1) The plaintiff is obligated to pay to the defendant the amount of KRW 20 million on March 30, 2005, KRW 20 million on April 21, 2005, KRW 19 million on June 30, 2005, KRW 15 million on July 4, 2005, and KRW 8 million on the remainder of the loan as of April 21, 2005, and delay damages therefrom (the plaintiff claimed payment of KRW 20 million on April 21, 2005 from the court of first instance to the court of first instance, but changed the cause of the claim as above.

(2) The Defendant asserted that the Defendant borrowed money from C, not the Plaintiff, and repaid the money to C in full.

The Plaintiff’s loan claim expired five years after the expiration of the commercial statute of limitations.

(b) judgment;