1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

1. The parties' assertion

A. On January 8, 2014, the Plaintiff asserted that: (a) lent KRW 50,000 to the Defendant; and (b) C agreed to jointly and severally guarantee the said obligation; and (c) the Defendant and C did not repay the said obligation; (b) accordingly, the Defendant is jointly and severally liable with C to pay the Plaintiff KRW 50,000,000 and delay damages therefor.

Even if the Plaintiff is deemed to have lent KRW 50,000,000 to C as alleged by the Defendant, the Plaintiff directly traded with C.

The defendant is liable as a surety for the above loan, and the defendant is liable for the above loan to C after he trusted the defendant and remitted the above money to C.

B. On January 8, 2014, the Plaintiff asserted that the Defendant lent the said money to C, who is not the Defendant, and the Defendant received the said money from the Plaintiff to the Defendant’s account in the name of the Defendant, and transferred the said money again to C at the same place where the Plaintiff was located. Therefore, the Plaintiff’s claim is without merit.

2. Determination

A. According to each of the evidence evidence Nos. 1, 5, and 6, the fact that the Plaintiff remitted KRW 48,00,000 to the Defendant on January 8, 2014, deducting the above KRW 2,000,000,000, from the preferred interest of KRW 50,000,000, and that the Defendant remitted the Plaintiff the money to the Plaintiff.

B. However, comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 2, Eul evidence Nos. 1, 2, and Eul evidence No. 1, Eul evidence No. 1, and Eul evidence No. 1, the loan certificate was prepared under the name of "A debtor C borrowed KRW 50,000,000 on January 8, 2014." The plaintiff submitted the copy as evidence during the pleadings of this case; on January 8, 2014, the plaintiff transferred KRW 48,000,000 from the plaintiff to the defendant at the Jungdong Agricultural Branch located in the same transactional branch on the same day; on the same day, Eul paid KRW 1,00,000 to the plaintiff on April 8, 2014; on May 9, 2014; and on the same day, the defendant paid KRW 30,000 to the defendant on August 30, 2014.