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. The plaintiff's assertion (the plaintiff added the plaintiff's claim based on the creditor's subrogation right to the first instance)

A. The Plaintiff, which is the primary cause of the claim, lent KRW 200 million to the Defendant, who is the contractor of the construction of the instant officetel (hereinafter “the instant officetel”), the construction cost of the instant officetel (hereinafter “the instant officetel”).

Therefore, the defendant is obliged to pay 200 million won to the plaintiff.

B. Preliminary cause of the conjunctive claim, if the other party who lent KRW 200 million to the Plaintiff is deemed to be E rather than the Defendant, the Plaintiff as a creditor of the loan to E, in subrogation of insolvent E, shall exercise a loan claim against the Defendant against the Defendant.

Therefore, the defendant is obliged to pay 200 million won to the plaintiff.

2. Facts of recognition;

A. On February 2, 2012, F and G offered H a written sales contract on the instant officetel as security if the F and G request “I will know about the instant construction work (hereinafter “instant construction”) and the construction cost of KRW 500 million is insufficient.” If I borrowed funds, I would like to offer the instant officetel as security.

Accordingly, H around that time delivered the above stories to E.

B. On February 21, 2012, the Plaintiff received a proposal from E, that “The construction of an officetel on the land of Yongsan City is insufficient,” and that “on the face of lending KRW 200 million to this place, the Plaintiff will make five copies of an inorganic sales contract for the instant officetel as security,” and paid KRW 200 million to E around February 21, 2012.

C. E received the above money and immediately paid KRW 100 million to F and G at H office, and around March 15, 2012, the following: (a) sent the remainder of KRW 100 million to his relative-gu J through H office staff I by means of H office staff I; and (b) the sum of KRW 150 million borrowed from J to G head of G; (c) KRW 50,000,000,000 to female employees at the construction site of this case.