1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. On April 2, 2014, the Plaintiff remitted KRW 30 million to C, and on the same day C remitted KRW 30 million to the Defendant.

B. Around April 29, 2014, at C’s request, the Defendant prepared a payment note to the effect that the said loan amounting to KRW 30 million will be repaid by July 2, 2014 (hereinafter “instant payment note”). The said payment note was written by the obligee as the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff asserted that the Plaintiff leased KRW 30 million to the Defendant on July 2, 2014, with the due date set as of July 2, 2014, and thus, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 30 million and delay damages.

B. In light of the following circumstances that are acknowledged by the respective statements and the entire purport of arguments in the above evidence and evidence Nos. 1, 2, and 4 (including each number), it is not sufficient to acknowledge that a monetary loan contract was concluded between the Plaintiff and the Defendant solely on the ground that the obligee was recorded as the Plaintiff in the letter of payment (Evidence No. 1) of this case, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim against the defendant is without merit.

① On April 2, 2014, the Defendant received a loan of KRW 30 million from C, and paid KRW 7 million to C on September 2, 2014, KRW 3 million on June 18, 2015, and KRW 1 million on June 23, 2015, respectively.

In light of the fact that the Defendant, as above, made the instant payment rejection, and repaid it to C other than the Plaintiff, the Defendant seems to have understood the parties to the monetary loan agreement as C.

② C under the premise that he/she lent KRW 30 million to the Defendant, “C shall pay the amount of KRW 30 million by July 2, 2014, where he/she did not have an intention or ability to repay, even though he/she did not have an intention or ability to repay.”