1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

1. The plaintiff asserts that on November 10, 2002, 30 million won was determined and lent to the defendant on November 10, 2002 as interest rate 3% and due date on December 30, 2003.

In this regard, the defendant claimed that he received KRW 30 million from C running an entertainment drinking house at the time as a prepaid fee, and that he did not receive KRW 30 million from the plaintiff or C merely prepared a loan certificate and did not receive it.

According to the evidence evidence Nos. 1 through 3, it may be acknowledged up to the fact that the Plaintiff and the Defendant have concluded a loan for consumption with respect to KRW 30 million. However, there is no evidence to prove that the Plaintiff paid KRW 30 million to the Defendant pursuant to the above loan for consumption.

Rather, in full view of the testimony and arguments of the witness C, the Defendant prepared a loan certificate with C operating an entertainment tavern, and C intended to receive KRW 30 million from the Plaintiff based on the loan certificate under the name of the Defendant, and pay it to the Defendant. However, as D, which served as the delivery of the loan certificate and the loan certificate from the Plaintiff or C, can be recognized as having fled as it is without receiving the above KRW 30 million from the Plaintiff and delivering it to the Defendant, and as such, it cannot be deemed that D paid KRW 30 million to the Defendant, unless there is any assertion or proof as to the fact that D is the Defendant’s agent or person in good faith.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed as per Disposition.