All appeals filed by the plaintiffs and the selective claims added by this court are dismissed.

after the filing of an appeal.

1. Basic facts

A. The Defendant and E operated a used car export sales business as a partnership business.

B. On April 4, 2018, the Plaintiffs respectively remitted KRW 10,000,000 to the Defendant’s bank account, KRW 16,500,000 on April 15, 2018, KRW 37,000 on May 4, 2018, and KRW 20,000 on May 9, 2018.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 and 2, purport of the whole pleadings]

2. The plaintiffs' assertion and judgment

A. (1) Upon receiving a request from Plaintiff A to lend business funds in connection with a secondhand export business, the Plaintiffs transferred total of KRW 83,500,500 to the Defendant’s bank account, a partner of E.

However, E and the Defendant even set the time to transfer a heavy loan to the Plaintiffs under the pretext of repayment of the loan, but the Plaintiffs did not have good condition and returned it to E and the Defendant.

(2) Therefore, the defendant is liable to return 83,50,500 won loaned to the plaintiffs as a partner of E, or to return the vehicle transferred to E and the defendant by the plaintiffs.

B. Determination as follows: (a) the fact that the Defendant and E engaged in the business of exporting used cars for the same business; (b) the Plaintiffs transferred KRW 16,50,000,000 to the Defendant’s bank account; (c) April 15, 2018; (d) KRW 37,000,000 on May 4, 2018; and (e) KRW 20,00,000 on May 9, 2018, respectively.

However, in full view of the aforementioned evidence, it is difficult to conclude that the Plaintiffs’ transfer of money to the Defendant’s bank account alone is a loan. ② According to the Plaintiff’s and E Kakakakao Stockholm dialogue, the Plaintiff sent the money to the Plaintiff and indicated it as the vehicle cost. If E sent a vehicle photograph to the Plaintiff, the Plaintiff would have made a transaction by way of sending the money after reporting it and expressing its intention to purchase. ③ Of the contents of the above Kakao Stockholm conversation, it is also the Fran that the Plaintiff purchased the vehicle to E.