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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.
Reasons
1. The lawsuit of the first instance court on the legitimacy of the instant appeal was conducted by means of service from the service of a complaint to the service of a judgment on the Defendant. However, even though the Defendant had been notified by the Plaintiff that the instant lawsuit was brought by the Plaintiff, the Plaintiff filed an appeal on March 22, 2016 at the time two weeks elapsed since the date the first instance judgment was rendered, and thus, the instant appeal on the subsequent appeal was unlawful by the lapse of the period for filing the lawsuit. However, there is no evidence to acknowledge that the Defendant was notified by the Plaintiff that the instant lawsuit was brought by the Plaintiff. Therefore, the Plaintiff’s assertion is without merit.
2. The fact that the Plaintiff’s admission of KRW 37,00,000,000 was remitted to the Defendant’s passbook (In this case, Busan Bank, C, and hereinafter “the passbook”) on May 19, 2014; KRW 10,000,000 on May 20, 2014; KRW 10,000,000 on May 26, 2014; and KRW 37,000,000 on June 27, 2014, does not conflict between the parties.
3. Determination as to both parties’ assertion
A. The plaintiff alleged that he remitted total of KRW 37,00,000 to the loan ledger upon the defendant's request from D, and at the time, he remitted the above money to the head of the Tong in the name of the defendant while he decided the defendant to be the debtor, and 10,910,000 among them was repaid by the defendant, so the defendant is obligated to pay the remaining amount of KRW 26,090,000 to the plaintiff.
As to this, the Defendant did not have borrowed the above money from the Plaintiff, and did not have any obligation to pay the Plaintiff the above money, and only D received a total of KRW 30,000,000 from the Plaintiff as investment funds for IM consulting corporations operating real estate business, and borrowed KRW 7,00,000 on July 8, 2014, and thereafter repaid the loan amount of KRW 7,000,000 in full, and during that process D received each of the above money from the Plaintiff as the passbook in the name of the Defendant.
(b).