1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The summary of the Plaintiff’s assertion is KRW 11 million from the Plaintiff on March 31, 2016 under the condition that the Defendant shall repay the Plaintiff as soon as possible without interest;

4.150 million won in 30.30,000

6. 30 million won on 30.30

7.2. Down 4 million won in total, 235 million won in total.

Therefore, the Defendant shall pay the Plaintiff a loan of KRW 235 million and damages for delay calculated by applying the rate of 15% per annum from August 1, 2016 to the date of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., which the Plaintiff seeks from August 1, 2016 to the date of full payment.

2. As alleged by the Plaintiff, the Defendant recognized that the Plaintiff received a total of KRW 235 million (hereinafter “instant money”) from the Plaintiff four times on March 31, 2016 through July 2, 2016, as alleged by the Plaintiff.

However, there is no evidence to acknowledge that the Defendant borrowed the instant money from the Plaintiff.

(1) The Defendant asserts as follows: (a) around September 2015 to March 2016, B, who was a bad credit holder, entered into a subcontract with Hycellcc Co., Ltd. and completed all of the construction works; and (b) the Plaintiff, as a subcontractor in the name of the subcontractor, sent the instant money, which was the settlement amount, after receiving the construction cost from Hycellcccken, deducting the name lending fee, etc., which is his share, after receiving the construction cost. However, according to the evidence submitted by the Defendant to this court, the Defendant’s assertion is deemed to have high credibility). Accordingly, the Plaintiff’s assertion premised on the instant money lending is without merit.

3. The plaintiff's claim for conclusion shall be dismissed on the ground that the plaintiff's claim is without merit.

The judgment of the court of first instance is unfair with a different conclusion.

Therefore, the defendant's appeal is accepted and the judgment of the first instance is revoked, and the plaintiff's claim is dismissed.