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 July 201, G, which was the real representative of the Plaintiff (former FF Co., Ltd.), solicited Defendant B, D, and E to allow the Plaintiff to obtain a loan of KRW 3.7 billion from a financial institution. In response to the above solicitation, Defendant B, etc. solicited to grant a loan of KRW 3.7 billion from a financial institution. On July 29, 2011, the Plaintiff received a loan of KRW 1.2 billion from the said union, KRW 2.5 billion from the new credit union, and KRW 3.7 billion from the said union. On July 29, 2011, the Plaintiff granted the above loan of KRW 3.7 billion from the said union.

B. After obtaining the above loan, I accepted the Plaintiff and take office as the representative director of the Plaintiff on or around February 2012, and the Plaintiff demanded the Defendant B to clarify the reasons for receiving KRW 300 million out of the above loan on or around June 2012, and the Plaintiff sent a certificate of content that he will be held liable for criminal liability unless accurate explanation is given.

Accordingly, on July 18, 2012, Defendant B agreed with the Plaintiff on July 15, 2012 that KRW 100 million out of the above KRW 300 million that he received from G shall be returned until August 15, 2012, and the remaining KRW 200 million shall be returned until December 30, 2012.

(hereinafter “instant Return Agreement”)

C. After that, Defendant B did not implement the instant return agreement, the Plaintiff, as Seoul Southern District Court 2012Kadan70947, filed a lawsuit seeking payment of KRW 300 million on September 6, 2012 with respect to the instant real estate owned by Defendant B by taking the claim for the agreed amount of KRW 300 million as the preserved right, subject to a decision on provisional seizure of real estate on September 6, 2012.

(Seoul Southern District Court 2012Gahap16163). Accordingly, Defendant B paid KRW 80 million to the Plaintiff on September 13, 2012, and Defendant B loaned KRW 20 million to the Plaintiff on September 13, 2012 for the repayment of the Plaintiff’s debt until September 17, 2012, “20 million and KRW 69.5 billion paid by the Plaintiff, and KRW 200 million will be paid until December 31, 2012, and KRW 100 million will be paid until December 31, 2012, and KRW 200 million will be paid until the remainder is paid.