1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On August 21, 2012, the Defendant entered into a partnership agreement (hereinafter “instant partnership agreement”) under which the F Hospital (the name of the hospital was changed to D Hospital; hereinafter “instant hospital”) is to be jointly established, which was scheduled to be established on September 1, 2012 on the ground level from the 2nd floor of the 7th floor below the Yansi-gu E-ground Building in Ansan-si, Ansan-si to the 7th floor above the ground.

Under the instant partnership agreement, the Defendant received KRW 6 million per month from C by entrusting a hospital doctor and a medical doctor with a medical doctor and a medical doctor, and C is delegated by the Defendant with all expenses incurred in the operation of the hospital, all civil and criminal responsibilities, taxes, and rights to all revenues. However, all matters concerning the operation of the hospital shall be determined by mutual agreement between the Defendant and C, and C shall be determined by detailed explanation to the Defendant regarding the business relationship between the relevant parties, such as a pharmaceutical company, and C shall obtain consent from the Defendant at the time of accounting management.

B. On August 25, 2012, the Defendant and C leased the building portion to be used as the instant hospital under the name of the Defendant, and around September 1, 2012, the instant hospital was established under the name of the Defendant.

C. Upon receiving a request for a loan of money to be used as operating funds of the instant hospital, the Plaintiff transferred the money from the Plaintiff’s foreign exchange bank account to the Defendant’s account in the name of the Defendant used for the operation of the instant hospital, as indicated in the separate loan details Nos. 1 to 3, 5, and 10, respectively, and the loan amount column

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Eul evidence 2-2, Eul evidence 14 (the defendant's name is recognized to have been stolen by a third party, but there is no evidence to acknowledge it, and the authenticity of the whole document is presumed to have been formed), Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, and Eul evidence 5-2, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is a loan attached to the defendant's account at the request of the defendant and C.