Text

1. The defendant's appeal is dismissed.

Reasons

1. The reasoning of the judgment of the court of first instance is that the defendant is responsible for proving the cause of the claim in the lawsuit against the final decision of performance recommendation (see, e.g., Supreme Court Decision 2010Da12852, Jun. 24, 2010). In full view of the purport of the entire pleadings, the defendant was delegated by C with the authority to receive KRW 40 million from the original deposit, and the plaintiff was not aware of the fact that the plaintiff received KRW 7,145,390 from March 5, 2017 to May 11, 2017, as stated in the main text of the judgment of the court of first instance, since there is no room to deem that the defendant spent KRW 90,000,000,000 from March 5, 2017 to May 10, 2017, the evidence alone, which was submitted by the defendant, is insufficient to acknowledge that the plaintiff received KRW 300,000,00 from the defendant.