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. Determination as to the cause of claim

A. On October 30, 2010, the Plaintiff asserted that he/she was provided with Oral vehicle as security from C, and lent KRW 20 million to C.

On October 29, 2010, the Defendant promised to pay the Plaintiff KRW 20 million by November 30, 2010, as the spouse of C.

Therefore, the defendant is obligated to pay to the plaintiff KRW 20 million and delay damages.

B. According to the records in Gap evidence No. 1, it is recognized that the defendant prepared a cash custody certificate (hereinafter “the cash custody certificate of this case”) stating that the defendant promised to pay KRW 20 million to the plaintiff on October 29, 2010 by November 30, 2010.

However, the following circumstances, i.e., (i) the cash custody certificate of this case does not stipulate any interest; (ii) the Plaintiff directly lent KRW 20 million to the Defendant and received the cash custody certificate of this case, contrary to the above assertion, unlike the Plaintiff’s assertion, the Plaintiff asserted that the cash custody certificate of this case was issued; and (iii) the Plaintiff did not submit any objective data on KRW 20 million, including the details of remittance, despite asserting that the Plaintiff lent KRW 20 million to C; and (iv) the Plaintiff’s assertion that the cash custody certificate of this case was issued in advance from the Defendant on October 29, 2010, and lent KRW 20 million to C on October 30, 2010 on the following day; (iii) it is difficult to accept the above assertion in light of the fact that the Plaintiff borrowed money and received the cash custody certificate or loan certificate of this case on the same day; and (v) it is still difficult to view that the Plaintiff’s owner of this case’s loan of this case was still subject to the Plaintiff’s cash custody of this case under the Plaintiff’s name.