Of the judgment of the first instance, the part against the defendant shall be revoked, and against the plaintiff corresponding to the revoked part.

1. Basic facts

A. On March 2018, the Plaintiff is a corporation G (hereinafter referred to as “G”) planning and promoting apartment construction projects in the Jung-gu, Daegu High-gu, Daegu High-gu, Daejeon High-gu, G (hereinafter referred to as “G”).

A) Around April 18, 2018, the Defendant entered into a land purchase service contract with the said G on a design service contract for the said project. (2) Around April 18, 2018, the Defendant entered into a “land service PM contract” with the F Co., Ltd. (A son as deemed below, B is registered as the above F’s auditor.).

B. On May 9, 2018, the Plaintiff borrowed KRW 420 million from G from May 9, 2018, and prepared a loan certificate (Evidence 2-1). The Plaintiff is co-defendant B, D, and E (hereinafter “B, etc.”) in the column for joint and several sureties of the loan certificate.

(B) personal information and the signature and seal (including the seal; hereinafter the same shall apply) of B, etc.;

(2) On May 9, 2018, the Plaintiff made a loan certificate (No. 1; hereinafter “the loan certificate of this case”) by lending KRW 420 million to B, etc. on May 9, 2018, while the borrower’s signature and seal is written in the loan certificate column, but only the Defendant’s name, resident registration number, and address are written in the loan column, and the Defendant’s signature and seal is written only in the loan column.

C. The Plaintiff borrowed KRW 420 million from G and transferred KRW 300 million to H account in the name of H as designated by B, etc. on May 10, 2018.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 6, 7 (including each number), Eul's 1, and the purport of the whole pleadings

2. Determination

A. The Defendant borrowed 420 million won from the Plaintiff along with B, etc. and borrowed 420 million won from the Plaintiff, and accounts, etc. under H’s name.