1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

1. Basic facts

A. While promoting alternative school projects with Nonparty D, Defendant C requested the Plaintiff to lend money due to the lack of the purchase price of 4,916 square meters in Chuncheon City E-si to be used as a school site (hereinafter “instant land”).

B. On November 26, 2010, the Plaintiff remitted KRW 190 million to Defendant C’s mother’s account designated by Defendant C, and Defendant C paid the remainder of the purchase and sale of the instant land to Defendant B on November 29, 2010, and completed the registration of ownership transfer on the instant land. On the same day, in order to secure the Plaintiff’s loan claim, the registration of ownership transfer was completed on the instant land with the obligor B, the mortgagee, the Plaintiff, and the maximum debt amount of KRW 30 million (hereinafter “registration of establishment”).

C. Nevertheless, upon Defendant C’s request, the Plaintiff remitted the amount of KRW 20 million to Defendant B’s account, KRW 20 million on November 30, 2010, KRW 35,798,000 on December 7, 2010, KRW 30 million on April 8, 2011, KRW 20 million on April 21, 201, and KRW 44,465,00 on April 28, 201, and each of the loans exceeded KRW 300 million. As the total amount of each of the loans exceeds KRW 30 million, the Plaintiff completed the registration of alteration of the maximum debt amount of the instant right to collateral security on April 28, 2011.

On May 28, 2011, Defendant C, at the Plaintiff’s request, set up a monetary loan contract for consumption with the Plaintiff, the obligor, and the Defendant C, the joint and several surety, with the total amount of 360 million won, interest rate of 18% per annum, and affixed the seal of Defendant B, which he/she had on his/her own, on the name of Defendant B.

(hereinafter referred to as “instant monetary loan agreement”) e.g., this contract.

After that, the Plaintiff, at the request of Defendant C, remitted each of the KRW 15 million to the Defendant B’s account on July 11, 201, KRW 8 million on July 13, 201, and KRW 25 million on July 19, 201.

F. On February 19, 2013, the instant land was sold to Nonparty G in KRW 45 million. The Plaintiff sold KRW 350 million out of the sales price.