1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. Basic facts

A. C transferred KRW 50 million to an account in the name of the Defendant, the president, at the time of January 31, 2005.

Since then, on November 7, 2005, E retired from office of the defendant on November 7, 2005, H was appointed as the president of the defendant on January 16, 2006, since H was in I.

B. The Plaintiff and C filed an application for provisional attachment against the Defendant for the Defendant’s D Hospital building and site as the Jeonju District Court 2006Kadan795 with the loan amounting to KRW 50 million as the claim amount. The above court decided provisional attachment on February 13, 2006 and completed the provisional attachment registration on the same day.

C. On June 21, 2006, the Plaintiff and C lent KRW 20 million to the Defendant. On June 21, 2006, the application for provisional attachment against the Defendant was withdrawn on June 23, 200 and the above provisional attachment registration was revoked on the 27th of the same month.

On June 28, 2006, five creditors including the Plaintiff entered into an agreement with the president of the Defendant to promote the normalization of the operation of H and hospital, and to repay claims with operating earnings. On the same day, the Defendant entered into an agreement with the related parties for the normalization of the operation of the hospital.

The letter of debt repayment plan attached to the attached Form "Form of debt repayment" shall include the Plaintiff's claim of KRW 50 million against the Defendant in the third priority claim.

E. The Plaintiff’s wife F operated the G funeral hall located in the area of D Hospital. On August 4, 2006, the Plaintiff’s wife F transferred KRW 20 million from the Defendant’s account to the Defendant’s account.

F. On July 25, 2014, the Plaintiff acquired 90 million won from C to the Defendant, and sent it to the Defendant on the same day with content certification, and reached that time.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, 4, 5, 6, Eul evidence Nos. 3, 5, 7, 9, 12 (including a serial number), and the court of first instance issued an order or reply to submit financial transaction information to Jeonbuk Bank Co., Ltd., a corporation of the court of first instance, as a result of issuing an order to submit tax information to the former director of the tax office, the whole purport of the arguments is as follows.