1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's surrounding part of the above cancellation shall be the main part of the plaintiff.

1. Basic facts

A. From December 2009, the Defendant operated the C Hospital as the president of the “C Hospital” located in Yongsan-gu Seoul Metropolitan City I and transferred the C Hospital to J on September 30, 201.

D from December 2009, the C Hospital was in charge of attracting patients while serving as the Deputy Director of the C Hospital, and the J continued to serve as the Deputy Director of C Hospital from February 2013 even after the C Hospital taken over.

B. The Plaintiff operated “K” as a medical expendable product supplier, and supplied C Hospital with medical expendable products.

C. D around February 201, 201, the Plaintiff stated to the effect that “to borrow money at the request of the Defendant due to a shortage of funds for the operation of the C Hospital, and to pay 4% interest per month from the lending of money,” and notified the Plaintiff of the Defendant’s deposit account number.

On February 28, 2011, when remitting KRW 40,000 to the Defendant’s national bank account (Account Number: E), the Plaintiff entered the Plaintiff’s person receiving the Plaintiff’s deposit passbook as “C Deputy Director”. On March 21, 2011, when remitting KRW 50,000 to the Defendant’s national bank account (Account Number:F) and transferred KRW 50,000,000 to the Defendant’s national bank account, the Plaintiff entered the Plaintiff’s person receiving the Plaintiff’s deposit passbook as “B (C Hospital)” and remitted KRW 90,000 in total to the Defendant’s deposit account.

E. The amount of KRW 90,00,000, which the Plaintiff remitted to the Defendant’s deposit account, was disbursed as expenses for the operation of the hospital, including the payment of the C Hospital employee’s wages and the settlement of goods prices.

F. Since then, in the Plaintiff’s bank account (Account Number: G), 12,600,000 won in total was remitted four times as listed below as interest rate of the said KRW 90,000,00 in the Plaintiff’s bank account.

The amounts listed in Schedule 1, 3, and 4 below are remitted by D.

(H’The account in the name of “H” is the borrowed account used by D). The amount set forth below 2 table was directly transferred from the Defendant’s deposit account to the Plaintiff’s deposit account. The details of the withdrawal of the Defendant’s deposit account are indicated as “K payment” and the disbursement resolution of C Hospital on August 26, 201.