1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On October 1, 2008, 2008, C Co., Ltd. (hereinafter “C”) awarded a contract for ground investigation services among the shop design services for B (hereinafter “Doz”) to the Plaintiff, the period of the contract from October 1, 2008 to February 28, 2010.

B. Around January 2010, C received a promissory note 4 (in the face value of KRW 40 million, KRW 33,017,753) from Doz with the above design service charges, and then delivered a note 3 as above to the Plaintiff, each endorsement of this part of this part of the promissory note 40 million, except for a note 1 (in the face value D; hereinafter “instant promissory note 40 million,”) with the face value of KRW 40 million, with the face value of KRW 40 million.

C. C closed around November 201, 201, and the Defendant is the representative director of C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Determination:

A. On January 2010, the parties' assertion 1) asserted that when C pays to the Plaintiff Chapter 4 of the bill received by Donnaz, the Defendant, the representative director of C, requested the Plaintiff to lend the bill of this case individually for three months and received it, and thus, the Defendant is obligated to pay the Plaintiff the above amount of KRW 40 million. Accordingly, the Defendant asserts that C did not deliver the bill of this case to the Plaintiff for the use of the bill of this case, and that C remains the service payment obligation against the Plaintiff, and that the Defendant did not borrow personal money from the Plaintiff. 2) The Defendant asserts that the testimony by the witness E of the first instance trial, which appears to be consistent with the Plaintiff's argument that C lent the bill of this case to the Defendant with KRW 40 million,000,000,000,000,000 from the Plaintiff.