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. The reasoning of the court of the first instance’s explanation concerning the instant case is as stated in the first instance judgment’s reasoning, except for the Defendant’s determination by adding or supplementing the argument at the trial. Thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. In light of the fact that the Defendant’s assertion E transferred KRW 1,50,000 to the Plaintiff’s passbook from one bank passbook under his own name on May 31, 2013, E appears as a witness at the first instance court and recognized that he was the obligor of the instant KRW 100,000,00,000,000,000,000,000,000 won, and the Defendant’s withdrawal of the complaint against E as to the said KRW 100,000,000,000,000,000

B. In addition to the circumstances acknowledged by the first instance court, in light of the following circumstances acknowledged by the following: (a) evidence Nos. 5-5, 6, and 6-2; (b) witness E’s testimony at the first instance court; and (c) the purport of the entire pleadings, it is reasonable to deem that the Plaintiff borrowed KRW 100 million from the Plaintiff as the Defendant, not the E.

1) Even after the Defendant’s withdrawal of the embezzlement part of the instant KRW 100 million in the complaint against E, the Defendant and E testified with the purport that the Defendant would lend money borrowed from the Plaintiff to E at the time of investigation by the prosecution. Ultimately, even if a person who actually used the instant KRW 100 million is E, the borrower of the said KRW 100 million in relation to the Plaintiff should be deemed the Defendant. 2) As to the loan certificate (Evidence B) stating that the borrower of the instant KRW 100 million in the relationship with the Plaintiff, the Plaintiff previously stated that it was not the Plaintiff, and E testified was not prepared on the same page, but on the part of the Defendant, the Defendant prepared and ordered the said loan certificate to the Defendant.

3. The defendant's assertion is also based on the defendant's argument.