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.

Basic Facts

On July 28, 2014, the Plaintiff transferred KRW 10 million to the national bank account (D) in the name of C, and KRW 30 million to the same account on February 5, 2015, respectively.

C on June 25, 2015, transferred KRW 70 million from the Plaintiff’s name to the Agricultural Cooperative (F) account. On the same day, the Plaintiff transferred KRW 70 million from the said account to another account.

On June 25, 2015, KRW 86,900,000 was deposited by cashier's checks.

On June 26, 2015, the Plaintiff transferred KRW 82 million from the said Nonghyup account to the account under C’s name.

Upon request from C, the Plaintiff made an account (national bank, G), and debit card under his/her own name, and C made a monetary transaction using the account in the above Plaintiff’s name.

C died on January 9, 2016, and the defendant and E, who are his father, were co-inheritors of C with the inheritance shares of 1/2.

C’s inherited property is about KRW 40 million, and the defendant and E received approximately KRW 200 million.

【Ground of recognition” without any dispute, Gap 1, 2, 3, 4, Eul 1 and 2, and the plaintiff's assertion of the purport of the whole pleadings has lent money to Eul without preparing a certificate of loan in reliance on omitted C.

On July 28, 2014, KRW 10 million was lent by C to require money to obtain E’s self-employment, and KRW 30 million on February 5, 2015 was lent by C to C to require deposit money for cancellation of compulsory auction for H land at Won-si.

On June 26, 2015, KRW 12,00,000 is to obtain a loan from C to build a new building on the ground of the above H land, and to obtain a loan from the Plaintiff as security for the apartment purchased by the Plaintiff is no longer interest, and the Plaintiff additionally borrow a loan from the Plaintiff as security for the apartment.

The Defendant’s assertion C and the Plaintiff frequently frequently traded funds, and in particular C lent funds to the account in the name of the Plaintiff and transferred the funds to the account in the name of the Plaintiff. Therefore, the money transaction between C and the Plaintiff is reasonable.