1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The status and relationship between the parties, etc. 1) The defendant is the representative director of D who runs wholesale and retail business such as non-ferrous metals, and C is a stock company E (hereinafter “E”) which runs wholesale and retail business such as scrap metal.

(2) The Defendant was aware of C with the introduction of a branch manager around June 2016. On October 19, 2016, the Defendant lent KRW 250 million to E on the part of E as a fund for import of used scrap. However, the Defendant was unable to receive the payment.

3) Accordingly, on October 27, 2016, the Defendant entered into a sales contract with the purchase price of KRW 600 million for the copper scrap for vessels owned by E and E. However, while the above scrap was kept in a E plant, C disposed of the above scrap to another person on December 2016. On the other hand, the Plaintiff became aware of the Defendant’s introduction around October 23, 2016. The Defendant introduced the Plaintiff with the knowledge that the Plaintiff would find a high-income invested place, and introduced that the Plaintiff was engaged in the business of exporting the scrap to China by collecting old glass, etc., and the Plaintiff visited the factory located in Chungcheongnam-gun, Chungcheongnam-gun, that was known by the Defendant on November 12, 2016.

B. On November 23, 2016 and November 24, 2016, the Plaintiff, upon the Defendant’s request for the loan, remitted the sum of KRW 350 million to E to the Defendant’s account. 2) The Defendant paid the Plaintiff KRW 8 million on November 30, 2016 and KRW 4 million on December 7, 2016 as interest for the said loan, as the Defendant’s money. On January 5, 2017, E repaid the Plaintiff KRW 350 million to the Plaintiff.

3) In addition, upon the Defendant’s request for a loan, the Plaintiff lent KRW 500 million on January 6, 2017, and KRW 17,100 million on January 17, 2017 to each E account. On March 10, 2017, E repaid KRW 100 million out of the above loan to the Plaintiff, but delayed the payment of the remaining loans amounting to KRW 400 million and interest (hereinafter referred to as “instant loan”).