1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff became aware of Defendant B as a customer and employee relationship from about 40 years ago, and the Defendants are married.

B. The Plaintiff, on November 14, 2005, remitted each of the KRW 10 million to the Defendant B’s account, KRW 10 million on December 15, 2005, KRW 26,000 on December 26, 2005, and KRW 40 million on December 26, 2005.

C. On December 17, 2005, the Plaintiff transferred KRW 10 million to the account in the name of D, and the said KRW 10 million was transferred to the account in the name of E, which is his father and wife, on the same day.

On October 12, 2005, the Plaintiff deposited KRW 25 million and KRW 5 million in cash into D’s account. On October 14, 2005, KRW 9 million out of the above money was transferred to Defendant B’s account in the name of Defendant B, and KRW 5 million to the above E’s account.

E. After July 2007, the Plaintiff, while settling accounts of all bonds and obligations with Defendant B, prepared a loan certificate with a loan amounting to KRW 60 million.

F. On the other hand, on July 13, 2010, the Plaintiff and the Defendant C drafted the “mutual reimbursement of KRW 40 million to the Plaintiff.” Defendant C repaid the total of KRW 7 million on August 11, 2010, KRW 200 million, KRW 3 million on November 29, 201, and KRW 27 million on December 27, 201.

[Ground of recognition] A without dispute, the result of each party's personal examination of the plaintiff and defendant B of the first instance court, each entry of Gap evidence Nos. 1, 3, 5, and 6 (including each number), Eul evidence Nos. 1, the result of the fact inquiry inquiry of the court of the first instance to the SCB bank, the purport of the whole pleadings as a whole.

2. Determination as to the claim against the defendant B

A. We examine the judgment as to the cause of the claim, the following circumstances, i.e., evidence as mentioned above, evidence as well as evidence Nos. 2 and 4 as well as the whole purport of the pleadings, which can be known by adding to the whole purport of the pleadings, i.e., ① the Plaintiff has been aware of for a long time with Defendant B, ② the amount of KRW 40 million transferred by the Plaintiff was deposited into the account in the name of Defendant B, and most of the remainder was deposited into the account in the name of Defendant B or his father.