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.

Plaintiff

The main point of the argument is that the Plaintiff: (a) heard from the Defendant’s father C that the auction price necessary for the Defendant to obtain a successful bid of KRW 27 million is paid KRW 500,000 per month to the Defendant’s account in the name of the Defendant; (b) transferred KRW 27 million to the Defendant’s account; and (c) received interest twice on November 30 and January 19, 2018; and (d) thus, the Defendant is obliged to pay the Plaintiff the loan amount of KRW 27 million, its interest, and delay damages.

Even if the Plaintiff’s lending to the Defendant is not recognized, the Defendant has committed fraud against the Plaintiff by lending his account to the father C operating real estate brokerage business. Therefore, the Defendant is obligated to pay the Plaintiff the damages amounting to KRW 27 million and the damages for delay due to the tort.

However, the Plaintiff did not have any fact that he met or exchanged the Defendant in the above remittance process, and was a person who remitted the money to the Defendant’s account under the Defendant’s name at the request of the Defendant’s father C, and the evidence submitted by the Plaintiff alone lent KRW 27 million to the Defendant.

It is not sufficient to recognize that the defendant, even though he was aware that he committed fraud against the plaintiff of his father C, lent his account to the father C, and there is no other evidence to recognize it.

If so, the plaintiff's claim should be dismissed due to the lack of reason. Since the judgment of the court of first instance, which was made by public notice to the defendant, is unfair based on the different conclusion, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked, and