1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 28, 2012, the Defendant entered into a contract with C for the construction of multi-family houses (hereinafter “instant housing”) in Gyeonggi-do D (hereinafter “instant construction”) with the construction cost of KRW 560 million (excluding value-added tax) and the construction period from August 28, 2012 to the end of February 2013.

B. Accordingly, C performed the instant construction, but failed to complete the said construction by the end of February 2013, which was the initial construction period, and the Defendant and C extended the construction period by the end of May 2013.

C. On the other hand, on April 18, 2013, the Defendant borrowed KRW 80 million from the Plaintiff as the introduction of C, which is to be used for construction costs, and the loan certificate was drawn up between the Plaintiff, the Defendant, and C as follows (hereinafter “the loan certificate”).

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(a) Cash storage: Defendant guarantor of the instant construction owner: C of the instant construction contractor C;

D. The Plaintiff wired KRW 50 million to the Defendant’s bank account, KRW 20 million on April 18, 2013, KRW 20 million on April 19, 2013, and KRW 10 million on April 20, 2013, to the Defendant’s bank account or bank account for which C requested transfer. The Defendant wired KRW 80 million received from the Plaintiff to C’s bank account or bank account for which C requested transfer.

[Ground of recognition] dispute.