1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.

2...

1. Basic facts

A. On October 31, 2011, the Plaintiff leased KRW 170 million to Defendant B, who received the certificate of loan (Evidence A No. 1) as of April 30, 201, from Defendant B, the obligor and the due date for repayment, as of April 30, 201.

The agreed interest rate on the above loan (hereinafter “instant loan”) was 5% per month at the time of loan, but was reduced by 2 million won per month from May 2012.

B. The Plaintiff was paid the principal and interest of the instant loan by receiving money from Defendant B, etc. to the Plaintiff’s deposit account, and the specific payment details are as follows.

(3) On November 30, 2012 and December 31, 2012 and on January 30, 2013, the Plaintiff received a total of 30 million won as principal on the three occasions, with the exception of interest on April 20, 2012, and the agreed interest on the up to March 2013. The amount on the deposit date of 0.30% on the deposit date of 30, 200, 200. 30. 10, 200, 200. 30, 200. 30, 200, 200. 30, 200, 10, 200, 200, 10, 200, 200, 30. 30, 200, 200, 300, 29, 2010

2. Claim against the defendant B

A. According to the facts of the judgment as to the Plaintiff’s cause of claim, Defendant B is obligated to pay to the Plaintiff the remainder after deducting the principal and interest of KRW 30 million from the principal and interest of KRW 70,500,000, which the Plaintiff was paid as above, among the principal and interest of the instant loan, unless there are special circumstances.

Meanwhile, Defendant B asserts that the principal should be appropriated for the remittance of the said amount as of March 23, 2012. However, unless there is no proof that the said amount was agreed to be appropriated for the principal at the time, the said amount is subject to Articles 477 and 479 of the Civil Act.