1. All the appeals against the plaintiff's primary claim and the conjunctive claims altered for exchange at the trial.

1. The plaintiff's assertion as to the cause of claim

A. The reasoning of the judgment of the first instance court is as follows: (a) the Defendants conspired to make the Plaintiff’s representative director F to transfer KRW 500 million (50 million) to the Defendant Company in the name of the capital for the establishment of the Defendant Company, and (b) promised F to guarantee F the status of the representative director of the Defendant Company for three years and to pay KRW 500 million (50 million) to F to the Defendant Company for three years in which the representative director of the Defendant Company is the Defendant Company; (c) the Defendant Company was believed to borrow KRW 500 million from the Plaintiff as the capital for the purpose of borrowing; and (d) the Defendant Company was believed to have lent KRW 500 million to the Defendant Company. However, the Defendant Company, etc. denied the fact of borrowing the Defendant Company’s loan; and (d) the Defendant E’s comprehensive construction company (hereinafter “regular construction”).

Since it was used to return to the defendant company and did not use it as the capital for the establishment of the defendant company, this constitutes the use network of the borrowed fraud.

The Plaintiff is unable to recover the above KRW 500 million. This is because the Defendants conspired to deception the Plaintiff or embezzled the above KRW 500 million, the Defendants are obliged to pay damages for tort caused by deception or embezzlement to the Plaintiff.

2. Determination

A. On March 19, 2014, the Plaintiff opened a passbook of the Nonghyup Bank (Account Number: G) on March 19, 2014 and sent the seal of the said passbook and the said passbook to Defendant E at the post office’s address. Defendant E borrowed KRW 500 million from the fixed comprehensive construction on the same day and deposited in the account in its own name.