1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

1. Facts of recognition;

A. C deposited KRW 97 million into an account under the name of the Defendant on January 23, 2009.

B. The Plaintiff paid to C KRW 3 million on March 23, 2009, ② KRW 2 million on January 22, 2010, ③ KRW 2 million on February 24, 2010, and ④ KRW 1 million on May 3, 2010, respectively.

C. On April 21, 2009, the Defendant paid KRW 12 million to C (on May 21, 2009, transfer from the account in the name of G Co., Ltd. operated by the Defendant), ② on May 26, 2009, ③ on July 13, 2009, KRW 3 million on July 13, 2009, ④ on March 2, 2010, ⑤ on May 3, 2010, KRW 12 million.

On July 28, 2010, the Plaintiff had D deposit KRW 20 million with C, and the Defendant paid KRW 10 million to the Plaintiff around 2010.

E. Meanwhile, C filed a lawsuit against the Plaintiff seeking payment of KRW 170 million with loans as Seoul Central District Court 2010Gahap92938.

(hereinafter “instant prior suit”). Of the amount claimed by C as a loan to the Plaintiff in the instant prior suit, the assertion that C transferred to the account in the name of the Defendant was included in the said prior suit that C deducted the amount of KRW 97 million from January 23, 2009, which was prior to the transfer to the account in the name of the Defendant and lent KRW 100 million to the Plaintiff.

On June 3, 2011, the Seoul Central District Court declared that “1. The Plaintiff expressed to C the intention of the transfer of the claim for payment of the deposit money (100 million won) deposited in Geumwon District Court, Sungnam Branch, 2010, and notified the Republic of Korea of the transfer of the above claim. 2. The Plaintiff shall pay C the amount of KRW 45 million up to November 31, 201. If the Plaintiff delays the payment of the above amount by the due date, the Seoul Central District Court made a decision in lieu of conciliation, which includes that “The Plaintiff shall pay the unpaid amount by adding the amount at a rate of 20% per annum from December 1, 2011 to the date of full payment,” and the above decision was finalized at that time.

[Ground of Recognition] Unsatisfy, Gap's 1 to 4, 13, .