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 assertion and judgment

A. On July 10, 2009, the Plaintiff’s summary of the Plaintiff’s assertion 1) leased KRW 30 million to the Defendant on or after the due date set at KRW 2,00,000,000 to the Defendant on or after July 10, 2009. As such, the Defendant is obligated to pay the Plaintiff the said loan amounting to KRW 30,000,000 and damages for delay as stated in the purport of the claim regarding the above loan amount. (2) The Defendant’s summary of the Defendant’s assertion that the Plaintiff’s loan (hereinafter “the instant loan”) borrowed the Plaintiff’s loan from the network C from the restaurant business funds for the Defendant’s operation and repaid the principal and interest thereof to the network C, but the Defendant repaid all of the instant loan

In addition, the loan claim of this case is a commercial bond and its five-year extinctive prescription has expired.

B. Determination 1) In the instant case where the Defendant asserted that the Plaintiff borrowed the instant loan from the deceased, not the Plaintiff, the Plaintiff borrowed the instant loan from the deceased, the following circumstances can be acknowledged by comprehensively taking account of the overall purport of the pleadings, namely, ① the case against the Defendant (Seoul Southern District Prosecutors’ Office 2019 Form No. 1094) that the Plaintiff filed a complaint against the Defendant in relation to the instant loan (Seoul Southern District Prosecutors’ Office 2019 Form No. 1094), and the case where the deceased deceased deceased in around 2012, as the wife of the Plaintiff, the Plaintiff lent the instant loan to the Defendant, “the Plaintiff was subject to a non-prosecution disposition that the Defendant was suspected of suspicion, and ② the Defendant deposited interest with the deceased head of the deceased Tong, ③ in view of the fact that the Defendant’s certificate of loan in the name of the Defendant (No. 1) regarding the instant loan submitted by the Plaintiff, it is difficult to acknowledge the fact that the Plaintiff loaned the loan to the Defendant.