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. From September 2009 to December 201, 201, the Plaintiff served as an operating employee at L&T T&Tta Co., Ltd. (hereinafter “D&T E&T” after changing its name). The Defendant is the representative director of the C&C Co., Ltd. (hereinafter “C”) that purchased vehicles from L&T T T&T T.

B. On May 31, 2010, the Plaintiff remitted KRW 19,200,00 to the account of L&Wn T&T (hereinafter “instant payment”). On June 29, 2010, the Plaintiff remitted KRW 18,000,000 to the Defendant’s account, as well as KRW 2,000 on June 30, 2010 (as seen above, the Plaintiff remitted total amount of KRW 39,20,000,000 to the Plaintiff’s account and the Defendant’s account (hereinafter “instant payment”). The Defendant remitted each of the Plaintiff’s account of KRW 3,00,000 on June 28, 2010, and KRW 2,000,000 on December 13, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 29 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff claimed that C lent 19,200,000 won from the Defendant’s purchase price of a vehicle purchased from D&T Ttta through the Plaintiff, which is part of the vehicle, on May 31, 2010, and paid 19,200,000 won to D&T Titta on June 29, 2010, and additionally lent 2,000,000 won to the Defendant on June 30, 2010, and paid 5,20,000,000 won from the Defendant, and the Defendant paid 34,20,000,000 won to the Plaintiff (i.e., KRW 19,200,000,0000, KRW 18,000,0000, KRW 2000, KRW 2000, 2000 and KRW 30,500,000).