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. The facts following the facts may be found either in dispute between the parties or in full view of the purpose of the entire pleadings with respect to the entries in Category B and Category 6 and the testimony of the witness C of the first instance trial.

The plaintiff and the defendant are the names of each party C.

B. On August 1, 2016, the Plaintiff remitted KRW 1.9 million to the Defendant.

C. C around that time delivered the amount of KRW 3 million received from the Plaintiff to the Defendant.

On November 7, 2016, the Defendant transferred KRW 5.7 million to the Agricultural Cooperative Account in the name of C, his father, at the request of C on November 7, 2016.

2. The assertion and judgment

A. The gist of the parties’ assertion 1) The Plaintiff agreed to receive the interest prescribed on August 1, 2016 and set the due date for payment to the Defendant five million won after five months (hereinafter “instant loan”).

A) On October 30, 2016, the Defendant agreed with the Plaintiff to pay 5.7 million won, including the principal and interest, when sending a loan certificate through C, to the Plaintiff. However, despite the Plaintiff’s receipt of the loan certificate, the Defendant asserted that “C delivered the loan certificate to the Plaintiff, and thus, it cannot be repaid to the Plaintiff any longer because C paid 5.7 million won to the Plaintiff on November 7, 2016,” and refused payment. However, the Plaintiff did not receive delivery of KRW 5.7 million from C. Therefore, the Defendant has no obligation to pay the Plaintiff the above loan principal and interest of KRW 5.7 million and delay damages. 2) The Defendant did not have any direct contact with the Plaintiff without knowing the Plaintiff, and there was no fact of borrowing the loan of this case from the Plaintiff.

Around August 2016, the Defendant borrowed KRW 5,00,000 from C, and on November 7, 2016, transferred KRW 5,700,000 to the Agricultural Cooperative Account in the name of D, thereby repaying the principal and interest of the loan to C. Even if the obligor of the instant loan is the Defendant, C is a creditor or is authorized to receive money on behalf of the Plaintiff.