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. On July 12, 2012, the Plaintiff, the cause of the Plaintiff’s claim, from the Defendant on July 12, 2012, sent the above money to the Defendant: (a) “If the Defendant is entering into a delegation contract based on the business relationship between the Defendant and C, and the Plaintiff lent money to the Defendant through E, the Defendant is obliged to pay the said amount of KRW 19.5 million and delay damages for the loan of KRW 19.5 million to the Defendant, 19.5 million in the commercial building site of the said new construction project, if the Defendant loans KRW 19.5 million to the Defendant; and (b) as the Plaintiff lends money to the Defendant through E., the Defendant is obligated to pay the Plaintiff the above loan of KRW 19.5 million and delay damages.

2. According to the reasoning of the judgment, Gap evidence Nos. 1 and 5 and witness E’s testimony on July 13, 2012, it is recognized that Eul transferred KRW 19.5 million to the defendant at the request of Eul on July 13, 2012. However, in light of the following circumstances, it is difficult to recognize that the evidence submitted by the plaintiff was a monetary loan contract between the plaintiff and the defendant, and there is no other evidence to acknowledge that Eul transferred KRW 19.5 million to the defendant.

Rather, according to the records, the Defendant: (a) lent the construction cost of at least KRW 450 million from C to the Defendant but failed to return; (b) claimed that C, as part of its repayment, intended to transfer KRW 19.5 million to the Defendant; (c) in fact, C was sentenced to imprisonment for three years due to a violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) against the Defendant (Fraud) (Seoul High Court Decision 2014No1051); and (d) on September 7, 2015, the Plaintiff drafted a written contract between E and E, under which E acquired the claim of KRW 19.5 million in the name of the construction cost against the Defendant; and (e) sent the written confirmation to the Defendant on September 11, 2015.