1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination as to the cause of claim

A. The plaintiff's assertion that the plaintiff lent KRW 10 million to the defendant on June 19, 2008, and the defendant is obligated to pay the loan amounting to KRW 10 million and delay damages to the plaintiff.

B. According to the records in Gap evidence No. 1, the court below found on August 19, 2008 that the plaintiff transferred KRW 10 million from the KB bank account under the name of the defendant to the new bank account under the name of the defendant on August 19, 2008. However, it is not sufficient to acknowledge that the plaintiff lent KRW 10 million to the defendant only on the above facts of recognition, and there is no other evidence to acknowledge otherwise. Rather, considering the whole purport of arguments in Eul evidence Nos. 1 and 3, the defendant allowed the defendant to use a new bank account under the name of his own name from around 2007 to 2010. According to the evidence No. 3, the plaintiff's assertion that the defendant had been living together with the defendant, not the plaintiff's new bank account under the name of the defendant, and that C had a money transaction with another person including the plaintiff, ③ the plaintiff's deception by deceiving the plaintiff and acquired KRW 10 million from the defendant's new bank account No. 1, 25001,005.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. The judgment of the court of first instance is unfair with the conclusion different from this, and it is revoked by the defendant's appeal and dismissed the plaintiff's claim. It is so decided as per Disposition.