1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

On September 3, 2007, the Plaintiff asserted that the Plaintiff lent KRW 50,000,000 (hereinafter “the instant money”) to the Defendant as the payment for the stock price of D Co., Ltd. (hereinafter “Nonindicted Company”) and demanded the Defendant to return the said loan on or before the end of September 2007. The Defendant promised to pay the said loan to the Plaintiff within two months.

Since then, the Plaintiff paid only KRW 20,000,000, total of KRW 11,000,000 on August 17, 2009, and KRW 9,000 on September 1, 2009, among the above loans.

Therefore, the defendant is obligated to pay the remaining loans of KRW 30,000,000 and delay damages to the plaintiff.

The Defendant asserted that the Non-Party Company was making a capital increase in the method of allocating a third party around September 2007, but the instant amount was not “the amount that the Plaintiff lent to the Defendant,” but “the amount that the Plaintiff paid with the investment money to acquire new shares to be issued by the Non-Party Company,” and on March 19, 2008, the Defendant transferred the said amount to the account in the name of E in order to take over the said amount under the name of the existing shareholder E, and then again remitted it to the Non-Party Company as the payment for E’s shares.

Therefore, the plaintiff's assertion is without merit.

Judgment

The Plaintiff paid KRW 50,00,000 to the Defendant by means of remitting the instant money to the bank account in the name of C on September 3, 2007, and there is no dispute between the parties, and the following circumstances are revealed in full view of the purport of the entire pleadings in the items of evidence Nos. 1 through 3, No. 6, No. 7, No. 9-1 through 4, No. 1-1, No. 1-2, and No. 3.

On May 2006, the Plaintiff became aware of the Defendant who was using the title of the president of the non-party company with the introduction of G, which had been a F executive of the non-party company, and on September 3, 2007, transferred KRW 50,000,000 to the account in the name of C designated by the Defendant at the Defendant’s request.

On September 2007, "Defendant recommended the Plaintiff to purchase the shares of the Company," and the Plaintiff to purchase the shares of the Company.