1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Determination as to the cause of claim

A. On February 15, 2010, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 20 million to C on February 15, 2010, and C, despite the Plaintiff’s demand for repayment, did not pay KRW 5 million among them, and did not pay KRW 15 million.

Accordingly, the Plaintiff filed a lawsuit against D(C) and E(C) as the guarantor on the cash custody certificate (Evidence A No. 1) prepared by C, and the Defendant agreed with F and F on March 2014 to pay the remainder in installments of KRW 3 million by the end of April 2014, but the Defendant did not pay the remainder in installments up to the present day.

Therefore, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 15 million and damages for delay.

B. According to the statements in Gap evidence Nos. 1 through 3 (including the number of branch numbers), the plaintiff lent KRW 20 million to C on February 15, 2010, and the plaintiff who did not pay KRW 15 million among them filed an application for a payment order with the Daegu District Court 2013 tea7322 against D and E on September 16, 2013, and D, E objection to the payment order and was made to litigation proceedings as 2013Gada81959, but the plaintiff was withdrawn on April 22, 2014, and the defendant deemed that "3 million won was returned to F on April 2, 2014," and the remainder of the money deposited as KRW 500,000,000,000."

However, as to whether the Plaintiff can be deemed to have agreed on the repayment of KRW 15 million to the Defendant, it is difficult to believe that the entry of KRW 5 million in the evidence No. 5, which seems consistent with the Plaintiff’s assertion, is difficult, and the facts of the above recognition and the evidence submitted by the Plaintiff alone are insufficient to deem that the Defendant agreed on the repayment of KRW 15 million to the Plaintiff, and there is no other evidence to acknowledge it otherwise.

Rather, the following circumstances, i.e., the evidence as mentioned above and the evidence No. 4, and the overall purport of the pleadings, are revealed.