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. Basic facts

A. On September 30, 2014, the Plaintiff transferred KRW 25,425,510 from the Plaintiff’s corporate bank account (Account Number E) to a mutual company of “B.”

However, the Plaintiff wired the same amount to the Defendant bank account (the account number F, hereinafter “instant account”) in the name of D operating a business entity of the trade name “C” due to mistake on the same day.

B. On October 22, 2014, upon knowledge of the Plaintiff’s aforementioned remittance, D issued and delivered to the Plaintiff a promissory note which constitutes a face value 25,425,510, and on the same day between the Plaintiff and the notary public, written the authentic deed of promissory notes under No. 903, a law firm as a law firm.

C. On December 4, 2014, the Plaintiff received a seizure and collection order (hereinafter “instant collection order”) regarding the amount of money until it reaches the claim amount, including the current deposit and future deposit, among the deposit claims held against D against the Defendant, with the amount claimed as KRW 25,625,510 (i.e., the above promissory note bonds and damages for delay) based on the above authentic deed, using the amount claimed as KRW 25,625,510 (i.e., the above promissory note bonds and damages for delay) from among the deposit claims held against D against the Defendant.

The instant collection order was served on December 8, 2014 on the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination as to the cause of action

A. On the basis of a promissory note No. D prepared between the Plaintiff’s assertion and the Plaintiff’s statement of profits in the form of remittance, the instant collection order was issued against the deposit claim D against the Defendant.

Therefore, the defendant is obligated to pay 25,625,510 won to the plaintiff.

B. Determination as to the existence of a deposit claim against D) Facts acknowledged as to the Plaintiff’s transfer of KRW 25,425,510, which the Plaintiff remitted, may be acknowledged based on the following facts: (a) there is no dispute between the parties; or (b) the purport of the entire pleadings as to the entries in the evidence Nos. 5, 11, and 22.

D shall be on May 18, 2004.