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. The plaintiff in the status of the party is the fifth couple of E, and the defendant is the fifth couple of E.

B. 1) On July 4, 2002, the Defendant entered into the lease contract (hereinafter “instant apartment”) at the place where the Plaintiff was seated with the Plaintiff, which is the Plaintiff, Gwangju City C apartment No. 103, 1804 (hereinafter “instant apartment”).

B) As to the instant apartment between D and D, the owner of the instant apartment, KRW 70 million (the payment of KRW 7 million on the day, the remainder of KRW 63 million on July 27, 2002) and the lease agreement between July 27, 2002 and July 27, 2004 (hereinafter “the lease agreement of this case”). The lease agreement of this case is set respectively as the lease agreement of this case between July 27, 2002 and July 27, 2004.

(2) On the same day, the Plaintiff concluded a contract deposit and KRW 7 million, and the remainder amount of KRW 63 million on July 28, 2002, respectively, paid to D. (2) The Plaintiff kept the instant lease contract and the receipt.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Defendant requested the Defendant’s family members to lend the deposit of KRW 70 million, which the Plaintiff had collected after the Family Council had borrowed the full deposit of the deposit of KRW 70 million. On July 4, 2002, the date of concluding the instant lease contract, on behalf of the Defendant, the Plaintiff paid KRW 7 million as the down payment to D, the owner of the instant apartment, on behalf of the Defendant.

(4) On July 26, 2002, the Plaintiff borrowed 60 million won from E, the mother, in order to lend the remainder of the deposit amount to the Defendant in a situation where cash falls short of the cash at the time, and thereafter, he borrowed 60 million won from E, the check with the face value of KRW 10 million (the total sum of KRW 60 million, the total sum of KRW 50 million, which was withdrawn from E’s savings account) and received return of E’s beneficiary certificate fund, and 60 million on July 28, 2002, the Plaintiff paid the remainder of the deposit amount of KRW 63 million,000,000,000,000,000 won, which was held by the Plaintiff.