1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 11, 2014, C remitted KRW 30 million to D’s deposit account. The said money was transferred to the Defendant’s deposit account on five occasions each day.

C remitted 10 million won to D’s deposit account on the following day, and 7.6 million won (6 million won) out of the above money was transferred to the Defendant’s deposit account on that day.

(hereinafter referred to as the “instant loan”) b.

The loan certificate in relation to the said monetary transaction contains the following: “The Defendant borrowed KRW 40 million on November 11, 2014; the said money is repaid until January 10, 2015; and E and F (the husband of the Defendant) guarantee the said obligation.”

(hereinafter “this case’s loan certificate”). C.

On July 31, 2017, the Defendant was prosecuted to the effect that “the Defendant acquired the instant loan 40 million won from the Plaintiff (victim).” On February 8, 2018, the said court rendered a judgment of innocence against the Defendant. The said judgment became final and conclusive on August 21, 2018 as the prosecutor’s appeal was dismissed.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 4, Eul evidence 1 and 2 (including paper numbers), whole purport of oral argument]

2. The assertion and judgment

A. (1) Both parties’ assertion (1) The Plaintiff lent the instant loan to the Defendant through the Plaintiff C, and the Defendant is obligated to pay the said loan to the Plaintiff.

(2) The Defendant borrowed 37.6 million won from Defendant D and repaid the said borrowed money to D from January 2015.

B. In full view of the following circumstances, the evidence presented by the Plaintiff alone is insufficient to acknowledge the fact that the Plaintiff lent money to the Defendant, and there is no other evidence to prove otherwise, the Plaintiff’s assertion is without merit.

In other words, D shall transfer only 7.6 million won out of 10 million won remitted on November 12, 2014 to the defendant and the balance 2.4 million won shall be interest.