1. The plaintiff's appeal as to the main claim and the conjunctive claim as changed for exchange at the trial.

1. Judgment as to the main claim

A. The plaintiff asserts that the defendant is obligated to pay the total amount of KRW 420 million and delay damages to the plaintiff since he/she lent 300 million to the defendant around March 201 and around April 1200 million to the defendant, and that the defendant was paid KRW 420 million from the plaintiff. However, although the defendant was paid KRW 420 million from the plaintiff, he/she received KRW 300 million as the investment in the business of collecting stone located in the Nam-gun-gun of Gangwon-do, and received KRW 120 million as the investment in the business of collecting stone located in the Nam-gun-gun, Chungcheongnam-gun.

B. Determination 1) Even though there is no dispute between the parties as to the fact that the amount of money is received, the plaintiff is a loan for consumption, and the defendant is liable to prove that it was received due to a loan for consumption if it is contested that it is different (see Supreme Court Decision 72Da221, Dec. 12, 1972). 2) In light of the above legal principles, the plaintiff was able to look at, and paid 30 million won to the defendant as of March 201, and 120 million won as of April 20 of the same year, since there is no dispute between the parties, the fact that the plaintiff paid 420 million won to the defendant as of April 20 of the same year, the defendant received 420 million won due to a loan for consumption.

According to the evidence Nos. 4-1, 2, and 5-1 through 6 of the evidence Nos. 4-1, 5-1, the Defendant: (a) prepared and signed the disbursement statement of KRW 420 million to the Plaintiff on April 26, 2011; and (b) delivered it to the Plaintiff on April 26, 201; and (c) the Defendant used KRW 300 million delivered from the Plaintiff to the new hotel construction works located in Gangwon-do on April 27, 2011 for the purpose of securing the completion of the said construction works; (d) concluded a mortgage contract with the Defendant on the Gangwon-do Gangwon-gun, Gangwon-do, E, F, and G under its own name, and completed the registration of creation of a mortgage contract with the maximum debt amount of KRW 450 million on May 13, 2011.