1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. The plaintiff asserts that the defendant borrowed KRW 12,500,000 from April 9, 2014 to July 14, 2014, and that the due date for payment was September 30, 2014, the defendant should pay the above loan KRW 12,50,000 to the plaintiff.

In this regard, the defendant did not know the plaintiff, and the defendant's scenario C, who is the defendant's market, merely did money transaction with the plaintiff using the defendant's account.

2. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that the money was received, but the loan was lent, if the defendant contestss against the defendant, the party bears the burden of proving the loan.

(Supreme Court Decision 2014Da26187 Decided July 10, 2014). According to each of the evidence A Nos. 1 through 6, the fact that the Plaintiff remitted KRW 11,920,00 to a new bank account under the name of the Defendant is recognized.

However, in light of the circumstance that it is recognized that the Plaintiff lent KRW 12,50,00 to the Defendant solely on the basis of the facts recognized earlier, and there is no other evidence to acknowledge the fact that the Plaintiff lent KRW 12,50,000 to the Defendant, in light of the fact that the Defendant’s ID C appears to have used the Defendant’s above account and the circumstances leading to the transaction with the Defendant.

3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

Of the judgment of the first instance, the part against the defendant in the judgment of the court of first instance is unfair, and thus, it is revoked by accepting the defendant's appeal and dismissed the plaintiff's claim.