1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary claim against the defendants is dismissed.

(b).

1. Basic facts

A. The Plaintiff transferred each of the KRW 30,000,000, and KRW 20,000,000 on June 30, 2013 to the Agricultural Cooperative Account of Defendant B, respectively.

B. On July 1, 2013, Defendant C made and issued to the Plaintiff a certificate of loan (Evidence A 2; hereinafter “the certificate of loan in this case”) stating that “I will borrow 50,000,000 won from C in order to obtain an auction when E located in Seocheon-gun D, and will immediately return this article in the event I did not receive an award.”

C. On July 1, 2013, the Defendant C was awarded the highest price for E’s real estate in the F Auction Case with the District Court of Jung-gu District, but rendered a decision not to sell the real estate on July 8, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant B, first of the Plaintiff’s assertion, jointly and severally guaranteed the Defendant C’s debt owed to the Plaintiff, and, in addition, the Plaintiff transferred KRW 50,000,00 to the Agricultural Cooperative Account of Defendant B, Defendant B is liable to repay the said KRW 50,00,000 to the Plaintiff as the nominal owner of the account.

B. Although the Plaintiff transferred KRW 50,00,000 to the Agricultural Cooperative Account of Defendant B as seen earlier, in light of the relationship between the Plaintiff and Defendant B at the time of the said transfer, the Plaintiff’s remittance details, and the relationship between the Plaintiff and Defendant C, there is no evidence to prove that part of the Plaintiff’s evidence No. 9, consistent with the Plaintiff’s above assertion, is difficult to believe, and that Defendant B guaranteed the Plaintiff’s obligation to borrow money.

On the other hand, in the case of receiving money by means of another person's account, unless otherwise agreed, the account holder is not liable for the repayment of the money to the remitter. Thus, Defendant B's account.