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. Basic facts

A. The defendant is a person registered as a representative director of C Co., Ltd. (hereinafter “C”).

B. On November 19, 2013, the Plaintiff transferred KRW 50 million, and KRW 30 million on November 30, 2013, to the account in the name of the Defendant (CFD).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff, on December 31, 2014, lent a total of KRW 80 million to the Defendant by remitting KRW 50 million to the Defendant’s account under the name of the Defendant on November 19, 2013, and KRW 30 million on November 30, 2013.

Therefore, the defendant should pay to the plaintiff the above loan amount of KRW 80 million and damages for delay from the day following the due date.

B) The Plaintiff transferred money from E to the account under the name of the Defendant, i.e., “A is operated together with the Defendant, and if the company loans its business funds, would be repaid by December 31, 2014.” As such, the Defendant did not actually participate in the operation of the said company.

Even if the representative director of the above company, as the representative director of the defendant company, is responsible for paying the above borrowed money as the nominal lender, as long as he/she has lent the account under the name of the defendant

C) Even if the Defendant is a representative director in the name of C, he is liable for the duty of loyalty and care as a director. If E did not lend money from the Plaintiff and use it for the company’s funds, the Defendant, as the representative director, neglected his duties by intention or gross negligence, thereby causing damage to the Plaintiff, and thus, is liable for compensation for such damage.

2) The Defendant’s assertion is merely a deposit of KRW 80 million in total as the Defendant’s passbook, the representative director under C’s name, while running business E, F, G and business, which is the actual operator of C, and it does not lend the above money to the Defendant.

B. Determination 1) The argument that the previous loan was made.