1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. 1) The Plaintiff, Defendant, and D are jointly E Co., Ltd. (hereinafter “E”) around December 29, 2010, around December 29, 2010.

(2) On January 7, 2011, the Plaintiff concluded a share and management agreement with the Plaintiff and D to acquire KRW 17.5 billion of the acquisition price of the said company, including the down payment of KRW 18 billion, and the remainder 12 billion of the acquisition price of the said company can be procured by the Defendant, but the Defendant may use the management right and shares of KRW 17.5 billion of the E as security, and the Defendant agreed to provide joint and several sureties for KRW 6 billion of the Plaintiff and D. The Plaintiff entered into a joint and several sureties agreement with the E representative director F and six other (hereinafter collectively referred to as the “sellers”), and entered into a share and management right agreement with KRW 18 billion of the E’s shares and management rights (hereinafter referred to as the “instant first acquisition agreement”). On January 10, 2011, the purchaser entered the said agreement into as the “Plaintiff and one other”).

B. The Plaintiff paid KRW 1.8 billion to the seller in accordance with the instant first acquisition agreement. Of them, KRW 900 million was invested in G, and the remainder KRW 900 million was the money borrowed from H. However, H loaned the said money to be borrowed by the Defendant, who is the owner of the traditional pharmaceutical company, and the Defendant was the joint borrower with the Plaintiff and I, as of January 7, 201, and the Defendant was designated as KRW 1 billion from H on March 7, 201 and interest rate of KRW 10 billion on March 7, 2011 (However, the loan certificate was written as KRW 1.2 billion including the amount to be received as interest, and the loan certificate was written as KRW 1.2 billion.

(2) On the other hand, on January 7, 2011, the said loan certificate was prepared by the Plaintiff on January 7, 201, that the Plaintiff borrowed KRW 1 billion from the Defendant on January 6, 2012 due date and at 10% per annum, and the said monetary loan contract is intended for the Plaintiff to temporarily borrow funds.