1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

1. The plaintiff alleged that the plaintiff lent KRW 63,180,00 to the defendant from April 28, 2009 to April 12, 2012, and even if the above debtor's own bank account was attached to the defendant, the defendant transferred the above loan to the defendant's bank account by allowing the defendant to use his bank account, and as such, the money transferred to the defendant's bank account was used for the payment of the construction fund or the interest of the loan secured by D on the ground of the construction fund or the loan secured by D on the land outside Dong-si in the name of the defendant. Thus, the defendant is also liable to repay the above loan.

2. Determination

A. First, in the instant case where, as to whether the Plaintiff lent KRW 63,180,00 to the Defendant, the documents proving that the Plaintiff and the Defendant directly concluded a monetary loan contract for consumption have not been prepared, each of the items in subparagraphs 2 and 4, and 3-1 and 2, which purport that the said money was remitted to the Defendant’s account under the name of the Defendant, is insufficient to recognize the Plaintiff’s assertion of the above loan, and there is no other evidence to prove otherwise.

Rather, comprehensively taking account of the entries in the evidence No. 1 and the purport of the entire arguments in this court, the Plaintiff was continuously and continuously engaged in a monetary transaction with J. However, the Plaintiff used the Defendant’s bank account together with the Defendant’s bank account. The Plaintiff also filed a loan claim lawsuit (Seoul Central District Court 2015Na103751) against K. The Plaintiff filed a loan claim lawsuit (Seoul Central District Court 2015Na64901) against J. Dec. 9, 2015, which was pending in the appellate court (No. 2015Na64901), and prepared a written agreement between J and J as to KRW 750,000, which included the purport that “the Plaintiff withdraws the lawsuit against K” in lieu of conciliation on February 2, 2016, and it is reasonable to deem that the Plaintiff voluntarily loaned the Plaintiff’s loan of KRW 63,180,000 on the date of pleading of the first instance trial.

(b).