Of the judgment of the first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked, and

1. The parties' assertion

A. The Defendant borrowed KRW 40 million from the Plaintiff, and the Plaintiff did not refund KRW 5 million paid by the Plaintiff. As such, the Defendant is obligated to pay KRW 45 million and delayed damages.

B. The Defendant’s obligor of the above loan is not the Defendant, but C, and the Defendant’s failure to refund the deposit money is recognized.

2. Facts of recognition;

A. On September 25, 2012, the Plaintiff came to know of the Defendant through the introduction of C, and issued KRW 30 million totaling KRW 30 million to the Defendant, who was found in the Kim Jong-si factory operated by the Plaintiff.

B. On October 24, 2012, the Plaintiff transferred KRW 10 million to the deposit account in the name of his/her son employed by the Defendant.

(c)

From September 10, 2012 to December 17, 2012, the Plaintiff remitted KRW 5,000,000 to the savings account in the I’s name.

(d)

The Plaintiff asserted that, as the Jeonju District Court 2016Ga 6592, the Jeonju District Court (C) lent KRW 40 million to C, and sought the payment of the said money. On August 16, 2017, the Plaintiff was sentenced to the judgment that “the Plaintiff’s claim is dismissed” from the above court, and the Plaintiff appealed as the Jeonju District Court 2017Na1001, but was sentenced to the judgment that “the dismissal of the Plaintiff’s appeal” from the above court on July 19, 2018. The Plaintiff appealed as the Supreme Court 2018Da257187, but on November 16, 2018, the Plaintiff was sentenced to the judgment that “the dismissal of the appeal” was dismissed by the above court.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3 and 5, the purport of the whole pleadings

3. Determination

A. According to the above facts of recognition, C is merely a person who introduced the Plaintiff and the Defendant, and C delivers three copies of the KRW 10 million check to the Defendant, and transfers KRW 10 million to the Defendant, so the Defendant borrowed KRW 40 million.

shall be deemed to have been.

B. The evidence submitted by the Plaintiff alone set the due date for the above borrowed money between the parties.

The recognition is insufficient and there is no other evidence to be recognized.