1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. On September 23, 2008, the Plaintiff remitted 20 million won to the Defendant’s account in his/her name from his/her father’s account to the Defendant’s account (hereinafter “the instant money”), and the Defendant transferred the instant money to the Defendant’s account in the name of C’s ASEAN on the same day.

B. Meanwhile, the Plaintiff filed a complaint against C with the suspicion that “C acquires KRW 20 million on November 25, 2008, KRW 20 million on December 14 of the same year, KRW 30 million on December 15 of the same year, KRW 30 million on December 15 of the same year, KRW 10 million on December 23 of the same year, and KRW 80 million on December 23 of the same year,” and C was punished by imprisonment for one year.

hereinafter referred to as "criminal cases"

(i) [The facts without dispute over the basis of recognition, Gap evidence 1, Eul evidence 5, Eul witness C's testimony and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. As to the plaintiff's assertion that "the defendant lent the money of this case to the defendant," the defendant asserts that "the plaintiff lent the money of this case to C through the name account in the name of the plaintiff."

B. As seen earlier, the Plaintiff is deemed to have remitted the instant money to the Defendant’s account, but in full view of the following circumstances, the borrower appears to be C, and the evidence alone presented by the Plaintiff is insufficient to recognize that the borrower of the instant money is the Defendant, and there is no other evidence to prove otherwise.

(1) The principal and the Defendant did not have any separate document, such as a loan certificate, with respect to the instant money.

D. As to the Defendant’s assertion that the borrower of the instant money is C, the Plaintiff alleged to the effect that “the amount loaned to C is KRW 20 million on November 25, 2008 and is first and unrelated to the instant money.” However, in a criminal case, the Plaintiff lent KRW 20 million to C through the Defendant on November 25, 2008, and the money was deposited in the name of the Defendant or D.