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. On April 14, 2002, the Plaintiff: (a) knew of the co-defendant B (hereinafter “B”) of the first instance court, a customer, while operating the party room; (b) lent KRW 52,00,000 (repaid June 30, 2002); and (c) around May 22, 2002, the Plaintiff lent KRW 10,000,000 (repaid May 30, 2002), respectively, to the co-defendant C (hereinafter “C”).

B. Meanwhile, the Defendant discontinued the above singing around May 2002 while performing work at the “F” singing room located in Gwangjubuk-gu, which was operated by B from September 2001 to May 2002.

C. Around August 27, 2002, the Plaintiff filed a lawsuit against B and C on the claim for loans (the Gwangju District Court 2002Gadan46114) and was sentenced to a favorable judgment on November 27, 2002 (the Defendant jointly and severally agreed to the Plaintiff 52,00,000 won and the amount calculated by the rate of 5% per annum from July 1, 2002 to November 27, 2002, and 25% per annum from the next day to the date of full payment). The judgment became final and conclusive on December 26, 2002.

On January 17, 2003, the Plaintiff received dividends in total of KRW 11,717,230 (= KRW 2,842,190) and KRW 8,717,230 among the principal amount and KRW 52,00,000 (= KRW 2,842,190, KRW 8,717,230) from the corporeal movables in B with the title of execution (No. 2,842, KRW 190).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, purport of the whole pleadings

2. Determination as to the authenticity of Gap evidence Nos. 1 and 2 shall be made in lump sum repayment of KRW 52,00,000 until June 30, 2002.

On April 14, 2002, the name D, which is the joint and several surety, the name D, which is the name D, the resident registration number J, and the unmanned address, shall be repaid in lump sum by May 30, 202, as well as by May 30, 2002.

On May 30, 2002, name B, signature and seal E.