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.

1. Basic facts

A. The Plaintiff is a person who was in de facto marital relationship with the Defendant’s mother C.

B. On July 29, 2010, the Defendant issued and delivered a loan certificate stating that “the Defendant borrowed KRW 12.5 million from the Plaintiff and repaid until August 15, 2010,” to the Plaintiff (hereinafter “instant loan certificate”).

[Ground of recognition] Facts without dispute, Gap 1 evidence, purport of whole pleadings

2. According to the facts seen earlier prior to the determination of the cause of the claim, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 12.5 million and the damages for delay.

3. Judgment on the defendant's defense of payment

A. According to the evidence Nos. 1 and 3 of the facts of recognition, the Defendant, on August 12, 2010, remitted KRW 12.5 million to a bank account in the name of C (E; hereinafter “instant account”) and was fully withdrawn on August 13, 2010.

B. The defendant asserts that on August 12, 2010, the above borrowed money was repaid in full by remitting to the instant account managed by the plaintiff to the plaintiff on August 12, 2010.

As to this, the plaintiff asserts that there is no room for managing the account of this case after October 2009, and that there is no room for the defendant to receive the above loan from the defendant.

C. 1) Determination 1) The following facts and circumstances acknowledged as a whole by considering the following facts and the purport of the entire pleadings at the testimony of the presiding judge F, i.e., ① the Plaintiff was unable to engage in a bank transaction with his own name as a credit bad, ② the account was used as a business account of GLer from June 2009 to February 2010; ② the account was used as a business account of GLer from June 2009 to February 201, and at that time, GLer (the registered business operator of GLer) was used as a business account of GLer (the registered business operator of GLer).

) The Plaintiff, a real operator, managed the instant account (the Plaintiff approved the withdrawal of the H Association on February 1, 2010).