1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On April 29, 2014, the Plaintiff received transfer of KRW 9 million in total, including KRW 14:44, KRW 1.8 million from D, KRW 15:21, KRW 2700,000, KRW 16:22, KRW 17:07, KRW 1800,000, KRW 9000,000 from the said account, around KRW 15:00, KRW 16:06, KRW 2700, KRW 17:20,000 from the said account, and KRW 17:20,000 from the new bank account at KRW 17:20 on the same day, and deposited KRW 17:27:10 to KRW 300,00 from C on the same day.

B. The Plaintiff paid KRW 11 million to the Defendant, including KRW 8.9 million withdrawn on the same day.

C. The Plaintiff filed a complaint against the Defendant on the charge of defraudation of the said money, and the prosecution took a summary action of KRW 3 million against the Defendant, but the Defendant filed a request for formal trial with Seoul Western District Court 2017MaMa26, which rendered a judgment of innocence against the Defendant on November 10, 2017, and the said judgment became final and conclusive.

The defendant opened a gambling room at the time of the payment of the above money, and the lawsuit of this case was filed by the plaintiff on the grounds that the lawsuit of this case constitutes fraudulent fraud, but the Seoul Western District Prosecutors' Office (No. 2016 type No. 32518) was suspected of attempted fraud and attempted fraud. However, on December 12, 2016, the Seoul Western District Prosecutors' Office (No. 2016 type No. 32518) issued a disposition without suspicion (

Accordingly, the plaintiff filed a complaint against the defendant under suspicion that the above complaint of the defendant constitutes a false accusation (Seoul Western District Prosecutors' Office 2017 type No. 13613). However, on April 20, 2017, the plaintiff was subject to a disposition of no suspicion (defluence of evidence). Since then, the case in which the plaintiff filed a complaint against the defendant due to fraud and suspicion (Seoul Western District Prosecutors' Office 2018 type No. 1904) was also subject to a disposition of no suspicion (defluence of evidence) on April 19, 2018.

[Ground of recognition] Facts without dispute, Gap 1, 5-7, 10 evidence (including paper numbers), Eul 2, 3, 8-10 evidence, the purport of the whole pleadings

2. The parties' assertion

A. Upon the Defendant’s request that the Plaintiff borrow money, the Plaintiff borrowed KRW 9 million from D on April 29, 2014 and borrowed KRW 1 million from D.