2. The plaintiff's claim is dismissed.

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

A. Plaintiff C was an insurance solicitor and became aware of D as a customer around 2015.

D has borrowed money from C at any time on the friendship with such C, but did not pay it properly.

Nevertheless, D wishes to borrow money from C as it is necessary for living expenses and salaries, and C believed that D would be responsible for the Defendant who was aware of as a person living together with D, with D, and lent a total of KRW 17,740,000 to the Defendant by means of remitting it to the passbook in the name of the Defendant at the Defendant’s request.

Since the Plaintiff received the above loan claim from C from the Defendant, the Plaintiff sought the payment of the above loan and damages for delay against the Defendant.

B. The defendant did not have any personal relationship with the defendant C, and the head of the Tong in the name of the defendant who remitted money to C was employed by the defendant D as a cohabitant.

In addition, the money transferred by C to the passbook in the name of the defendant is repayment for the money loaned by D to C.

Therefore, the defendant cannot respond to the plaintiff's claim since he did not have any obligation against C.

2. Determination

A. According to the evidence Nos. 1-4 and 5-2 of the evidence Nos. 1-5-2, the fact that C remitted a total of KRW 17,740,000 to the passbook under the name of the defendant, on seven occasions from May 20, 2016 to October 28, 2016 is recognized.

B. However, regarding the process of sending money to a passbook in the name of the defendant, the witness C of the first instance trial testified to the same content as “I am satisfy and fysat fysat fysat fysat fysat fysat fysat fysat fysat fysat fysat fysat fysat fysat. D fysat fysat fysat fysat fys, but fysat fysat fysat fys, and fysat fysat fys, fysat fysat fysat

‘Nice (D)'.