1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

In the judgment of the court of first instance, the plaintiff filed a claim for loans on the principal lawsuit, and the defendant filed a claim for loans on the counterclaim. The court of first instance dismissed all the plaintiff's claims on the principal lawsuit and the defendant's counterclaims.

Since the plaintiff appealed against this, the subject of the judgment of this court is limited to the claim for the loan, which is the principal claim of the plaintiff.

Facts of recognition

A. D Co., Ltd. (hereinafter “D”) is a company that carries on all businesses related to civil engineering, construction, and construction business.

The Plaintiff was the representative director of D from March 30, 2012 to June 10, 2013.

B. On September 5, 2012, the Defendant drafted a loan certificate stating the following (hereinafter “instant loan certificate”).

Borrowing money of a loan certificate: 50 million won for use: Method of redemption and plan for initial contribution in connection with construction of the Hamhdo warehouse;

1. Repayment shall be made immediately after receipt of advance payment after submitting the commencement date;

2. The right to work en bloc shall be entrusted to D. (State).

3. Deposits account: Enterprise Bank 374-064-064-01-0222 Deposit Money: Defendant D (State) A;

C. On September 5, 2012, from the account under the Plaintiff’s name, KRW 30 million was transferred from the account under the Plaintiff’s name to the account under the Defendant’s name.

(hereinafter the above sum of KRW 50 million is hereinafter referred to as "the money of this case"). [Grounds for recognition] 【No dispute, Gap evidence 2, 3, Eul evidence 5 and 6 (including each number; hereinafter the same shall apply), and the parties' assertion to the purport of the whole pleadings.

A. The plaintiff alleged that "the original contractor C loaned KRW 100 million to the defendant as it is necessary to provide funds in relation to the preparation of the construction work," while referring to the construction work for low temperature storage on the land outside Pyeongtaek-gun, Chungcheongnam-gun, and four lots (hereinafter "the construction work in this case"), the plaintiff would be awarded a subcontract for the construction work in this case if the plaintiff lent KRW 50 million to the defendant."

On September 5, 2012, the Plaintiff lent KRW 50 million to the Defendant, and the Plaintiff is named D.