1.The judgment of the first instance shall be modified as follows:

The defendant shall be jointly and severally and severally with the plaintiff KRW 73,957,041.

1. Basic facts

A. On August 7, 2012, B, a co-defendant of the first instance trial, supplied the instant house to the Defendant for construction of a multi-family house on the D ground in Gwangjin-gu Seoul Special Metropolitan City (hereinafter referred to as “multi-family house”) at KRW 330,00,000 (Additional Tax Table), and performed construction work.

The construction period has been set from August 27, 2012 to January 30, 2013, and KRW 100 million out of the construction price was paid by the Defendant by receiving a loan from the site as security, and KRW 200 million was paid as the deposit to be received from the lessee after completion.

B. The Defendant leased the instant housing No. 201 to E and F on February 7, 2013, with H’s brokerage operating “I real estate” without completion of the instant construction work, as of March 2, 2013. On February 13, 2013, the Defendant: (a) leased the instant housing No. 202 to G on March 2, 2013; and (b) on February 13, 2013, the instant housing No. 2010, KRW 100,000; and (c) the occupancy date on March 2, 2013.

The down payment of KRW 20 million paid by the lessee was immediately paid to B as the construction cost without going through the Defendant.

C. B was unable to complete the construction within the agreed period due to financial shortage, etc., and requested the Plaintiff to lend the loan. On February 26, 2013, the Plaintiff lent the loan to B as of March 2, 2013, KRW 1.4 million with interest rate of KRW 1.4 million and due date of payment.

In addition, on March 8, 2013, the Plaintiff made payment period of KRW 20 million to B on March 31, 2013, and paid KRW 400,000 as interest until March 30, 2013, and leased overdue interest at the time of default as 3% per month.

At the time of the above lending, B decided to preferentially repay the Plaintiff’s claim with the lease deposit set forth in 201 and 202.

B above b.

As the lessee was unable to complete the instant construction project by the scheduled date of occupancy in the port, the lessee demanded the Defendant to return the down payment and compensate for damages, and the Defendant borrowed KRW 20 million from the Plaintiff on March 22, 2013 and concluded the dispute by returning the down payment to the lessee and returning the down payment to the lessee.

The plaintiff.