The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Facts of recognition;

A. On July 13, 2010, the Plaintiff’s Dong C remitted 65,00 bills (only “the People’s Union” hereinafter) to the Defendant’s Chinese bank account, and paid 35,000 bills directly to the Defendant on July 15, 2010.

B. On November 22, 2010, the Defendant prepared and rendered the following cash custody certificate (hereinafter “instant cash custody certificate”) to the Plaintiff.

The cash custody certificate No. 100,000 was borrowed from the A (Plaintiff) test.

I will pay the money in the future.

The 65,000 bill was included in the passbook which was entered in the name of the Chinese thickness C(35,000 bill) and B, and the total amount was 100,000 bill.

C. The Plaintiff filed a complaint on the ground that “the Defendant, who was detained in China, deceiving the Plaintiff to release the Plaintiff’s children detained in China, thereby deceiving the Defendant to acquire 100,000 bills.”

On July 10, 2013, the public prosecutor of the Incheon District Public Prosecutor's Office argued that "the defendant transferred the 60,000 bill to D under the name of high-ranking entertainment expenses and expenses, and paid the 50,000 bill in cash to D in China upon the request of the plaintiff. However, it is not confirmed whether D actually used the 50,000 bill as entertainment expenses and expenses for high-ranking positions, but it is confirmed that D actually used the money as entertainment expenses and expenses, and there is no evidence that the defendant could not be deemed to have acquired money by deceiving the plaintiff."

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. In the first place, the defendant prepared a cash custody certificate of this case and concluded a quasi-loan contract between the plaintiff and the defendant. Thus, the defendant is obligated to repay the loan amounting to KRW 18,000,000 (which is equivalent to 100,000) to the plaintiff.

B. Preliminaryly, the Defendant prepared a cash custody certificate to the Plaintiff, and thus the Defendant returned the cash custody deposit to the Plaintiff.