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The judgment of the first instance is revoked.
The plaintiff's claim is dismissed.
All costs of litigation shall be borne by the plaintiff.
claim. The purport of the claim.
Reasons
1. The assertion and judgment on the grounds of the claim
A. The Plaintiff transferred a total of KRW 18,270,000 to the Defendant during the period from March 2, 2019 to April 12, 2019.
Therefore, the defendant is obligated to pay the above amount of money and the delayed damages to the plaintiff.
2) Of the 18,270,000 won that the Defendant received from the Plaintiff, the Defendant borrowed KRW 5,290,000,000. However, the remaining KRW 12,980,00 is merely a delivery of the investment money to “C” and “D”, which is a multi-level company, and the Defendant did not borrow it.
B. 1) Since the Plaintiff’s account under the name of the Defendant was 6,70,000 won 6,000,000 won 5,000,0000 won 70,0000 won on March 15, 2019, KRW 1,000,000 won 1,000,000 won on March 15, 2019, KRW 1,000,000,000 on April 1, 2019, KRW 60,000,000 on April 1, 209, KRW 970,000 on April 7, 2019, KRW 1,000, KRW 1,000 on April 12, 2019, KRW 1,000 on loan 1,00 or 1,000 on loan 30,000 on each of the parties’ respective charges.
2) However, there is no other evidence to acknowledge that the remaining remittance amount was lent KRW 12,980,000,000, and instead, there is no other evidence to acknowledge that it was leased. Rather, the following circumstances, which may be known by adding the whole purport of the pleadings to the statement in subparagraph 2, ① the Plaintiff, prior to such remittance, was introduced into a “C” corporation, which is a multi-level company from the Defendant, and directly visited the Bupyeong-dong Center, and provided business explanation; ② on March 2, 2019, the Plaintiff transferred KRW 11,00,000 to the Defendant on March 3, 2019, and the Defendant immediately transferred the money to E on March 3, 2019, then transferred the money to the “C” company; ③ the Plaintiff received KRW 970,000,000 from the “C”; and ④ thereafter, the Plaintiff received the money from the “C” company over five times, and ④.