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. The parties' assertion

A. Upon the request of the Defendant, the Plaintiff, who is the construction business operator, lent KRW 70,000,000 to the Defendant on November 21, 201 and KRW 50,000,000 to the Defendant on December 2, 201, respectively, in a manner that the Plaintiff deposits to E on behalf of the Defendant in order to repay the Defendant’s debt amounting to KRW 100,00,000 to E.

On the other hand, the Defendant promised to pay the Plaintiff’s debt as the construction price to be received from C, and the Defendant received the last payment from C on August 10, 2012.

Accordingly, the Plaintiff sought payment of KRW 100,000,000, which is a part of the total amount of the above loans 120,000,000 from the Defendant.

B. The money paid by the Plaintiff to Defendant E is not a loan to the Defendant, since it is not a loan to the Defendant for the investment funds for the studio Corporation and the sale in lots at the time of strike. Therefore, it is not liable for the repayment.

2. Comprehensively taking account of the following facts: (a) the judgment of the court below; (b) the non-party E borrowed KRW 100,000,000 from October 21, 201 to November 4, 201; (c) the Plaintiff transferred KRW 70,000,000 to E on November 21, 201; and (d) the Plaintiff transferred KRW 50,000,000 to E on December 2, 201; and (e) on May 2, 2014, the Plaintiff prepared a written confirmation confirming that he/she received a payment by subrogation from the Plaintiff from his/her Defendant on October 21, 2011.

In light of the above facts of recognition, the following circumstances, i.e., the Plaintiff’s payment of the above claim by the Plaintiff instead of the Defendant, i.e., the Plaintiff’s payment of the loan, and ii) there is no evidence to prove that there was an investment agreement, including an agreement on distribution of profits and losses between the Plaintiff and the Defendant, were submitted as evidence, but the Defendant submitted the “joint and several surety of the loan and the investment profit” but the Plaintiff is liable to guarantee the investment amount of Nonparty E.