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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
This Court's reasoning is as follows, in addition to the portion of the judgment stated between the third and the last end of the judgment of the first instance, and it is like the entry of the first instance court. Therefore, this Court's reasoning is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
According to the statements in Gap evidence No. 3-1 and No. 2, the plaintiff could be recognized on April 25, 2014 that the plaintiff remitted 30 million won to the new bank account in the name of defendant C.
However, the above facts and evidence Nos. 1, 4, and 5 are not sufficient to recognize that a sales contract was concluded between the plaintiff and the defendant B to purchase more than 30 million won, and that the plaintiff paid 30 million won to the defendant C under the pretext of the contract deposit, or that the defendant C acquired 30 million won by deceiving the plaintiff, and there is no other evidence to acknowledge it.
Rather, the following circumstances are comprehensively taken into account the aforementioned evidence, evidence No. 1, evidence No. 1, testimony of the witness E of the first instance trial, the results of the personal examination of the Defendant C, and the overall purport of the arguments, namely, ① the Defendant C sent the above KRW 30 million to E on the day following the deposit of KRW 30 million from the Plaintiff to the Plaintiff, ② the Plaintiff directly found the office and promised to pay the remainder of the down payment to E and promised to pay it to E, so that the Plaintiff could have the passbook and seal attached to the Plaintiff’s name; ③ E sent the remainder to the U.S. transaction to the U.S. transaction to purchase the camping; ③ the Plaintiff testified that the remaining down payment was not made; ④ the Plaintiff and the Plaintiff agreed to exchange a new model of camping to import from the Plaintiff, on the premise that the Plaintiff purchased the new model through the Camp.