1. The defendant's appeal is dismissed.

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

Basic Facts

The Plaintiff L Co., Ltd. (hereinafter “L”) was an executor of the construction of a main complex building with approximately approximately approximately 2,800 households in the project site of approximately 27,000 in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul Metropolitan City, and suspended its business due to a lack of funds by concluding a sales contract only for some of the land in the initial project site of 2005 while performing the K project.

M, H, which had been operating L at the time, participated in K business, including N, F, andO. They concluded a business license acquisition agreement (Evidence 7) with the content that L transfers the K business license to C, which is similar to the trade name of the above construction office, around April 15, 2005, after changing the trade name of the above construction office to C (hereinafter “C”), which is a name similar to the trade name of the above construction office, (hereinafter “Plaintiff’s transfer”), and around that time, L took over L’s debt, and paid the remainder of 30 billion won as a promissory note, and transferred it to C.

On September 10, 2005, after the above R was appointed as the representative director of C on June 16, 2005, C received a P.F. loan of KRW 350 billion from the Military Mutual Aid Association. On September 7, 2005, L and C around that time, around September 7, 2005, shall increase the acquisition price of the above business license agreement to KRW 166 billion, the obligation related to K business shall be determined by data provided by L, and L shall not raise any objection, and L shall not demand additional economic benefits to K business creditors for any reason (Evidence 13).

B. From May 16, 2005 to June 1, 2005, “The sum of KRW 5220 million (Account Number D) on the account of a national bank (Account Number D) in the name of C during seven occasions as follows: