1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

With respect to this case cited by the judgment of the court of first instance, this court's reasoning is the same as the corresponding part of the judgment of the court of first instance, in addition to adding an error or judgment to the reasoning of the judgment as follows. Thus, it is citing it as it is by the main sentence of

Then, the Plaintiff’s statement of No. 12 submitted by the court of first instance is insufficient to accept it solely on the basis of the statement of No. 12 submitted by the court of first instance.

Forms 5 through 6 of the first instance judgment shall be stated by the following formula:

2) Even if the Plaintiff, as the Plaintiff’s assertion, lent KRW 200,00 to the Defendant, based on the evidence and evidence set forth above, Gap evidence Nos. 5, Eul evidence Nos. 9, and the overall purport of arguments and arguments, the Plaintiff may ratification the fact that the Plaintiff received KRW 200,000,000 from the Defendant when considering the following circumstances. ① With respect to the Plaintiff’s assertion that the obligor paid the money, etc. as the payment of a specific obligation, the obligee recognized the fact that the obligee received the payment of other obligations, and in the event the obligee asserts that it was appropriated for the repayment of other obligations, the obligee must assert and prove that there was an agreement on the existence of other claims and the fact that the other claims were priority in legal appropriation (see Supreme Court Decision 9Da1433, Dec. 10, 1999, the Defendant asserted that D was paid the construction price of the Plaintiff’s loan and the Plaintiff’s construction payment of KRW 300,000,000,00 for the Plaintiff’s loan payment of construction price incurred up to June 30000.