1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 10, 2017, between the Plaintiff and the Defendant, the Plaintiff lent KRW 50,000,000 to the Defendant (hereinafter “instant loan”). The Defendant repaid KRW 2,00,000 each month from August 20, 2017 to August 20, 2019, and the Plaintiff paid KRW 2,00,000 each month from August 20, 2017 to August 20, 2019. The loan certificate was prepared to pay the full amount immediately upon the termination of the transaction with the limited liability company C operated by the Plaintiff. The Defendant issued the Plaintiff a certificate of registration right to the apartment owned by the Defendant

B. On July 10, 2017, the Plaintiff remitted KRW 50,000,000 to the former bank account under the name of the Defendant, and the Defendant wired KRW 50,000,000 to the E (titleF) account on July 11, 2017 following the following day.

C. On July 14, 2017, the Defendant registered his/her business with the trade name “D” and prepared for the business, and filed a report on the closure of business on August 24, 2017 without actually conducting the business. On August 24, 2017, E registered his/her business with the trade name “H” and opened the head office.

The plaintiff agreed to receive a substitute security from E, and returned a registration certificate to the defendant. D.

On August 20, 2017 and September 20, 2017, the Plaintiff received KRW 4,000,000 from E on two occasions, and upon transfer of E to G, the Plaintiff was offered security for KRW 30,000,000 from G.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1, 2, Eul evidence 8 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. At the center of the plaintiff, the defendant and E entered into a partnership agreement with the defendant and operated the head office, and the plaintiff lent money to the above partnership. Thus, the defendant is jointly and severally liable to repay the loan of this case to the plaintiff.

Preliminaryly, the defendant allowed the defendant to lend his name to E to operate the head office, and the plaintiff is the business owner.