1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

The plaintiff asserts that from September 20, 2006 to July 26, 2008, the plaintiff remitted all 39,850,000 won to the defendant's account under the name of the defendant, and lent it to the defendant.

In full view of the purport of the entire pleadings in Gap evidence 1 and Eul evidence 1, the fact that the plaintiff remitted the sum of KRW 39,850,000 to the defendant's account under the name of the defendant, as alleged above, can be acknowledged.

However, in full view of the evidence No. 2 and No. 4, and the purport of the entire pleadings in the testimony of the party witness D, the plaintiff and the mother of the defendant were in a pro-friendly relationship, such as living together in the past, and C used the above account in the name of the defendant due to credit problems, and in light of the fact that there was money transaction between the plaintiff's account and the above account in the name of the defendant in addition to the transaction alleged by the plaintiff, such as transfer of money from the above account to the plaintiff's account, etc., the above facts of remittance and the testimony of the above witness alone are insufficient to acknowledge the fact that the plaintiff lent money to the defendant, and

Thus, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance is unfair in conclusion with different conclusions, and thus, it is revoked by the defendant's appeal and dismissed the plaintiff's claim. It is so decided as per Disposition.