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The judgment of the first instance court is revoked, and the plaintiff's claim is dismissed.
All costs of litigation shall be borne by the plaintiff.
claim. The purport of the claim.
Reasons
1. The parties' assertion
A. When the Plaintiff requested the Plaintiff to lend money to the Plaintiff, the Plaintiff requested the Plaintiff to transfer money to the account in the name of D, which is the wife of C, and the Plaintiff wired KRW 50 million on April 4, 2015 to the account in the name of D.
Therefore, the defendant is obliged to pay the 50 million won and delayed damages.
B. The Defendant introduced both the Plaintiff and C, and did not borrow money from the Plaintiff, and C borrowed money from the Plaintiff.
2. According to the records in Gap evidence No. 1 and the results of the order to submit financial transaction information to E branch offices of the first instance court for the submission of E branch offices, the plaintiff may recognize the transfer of KRW 50 million to D’s account on April 4, 2015 (hereinafter “transfer of this case”).
However, the following circumstances, in other words, the remittance of this case was made with the accounts in the name of D, in full view of the respective descriptions and changes in Eul evidence Nos. 1, 2, and 3, and the defendant used the money as the wife of Eul, who is a non-related person with the defendant.
There is no evidence to view that the Plaintiff did not receive a document of disposition, such as a loan certificate, which objectively proves that the remittance of this case was due to consumption and borrowing with Defendant even though he remitted a large amount of money, and on April 18, 2016, the Plaintiff approved that the Plaintiff bears the obligation of KRW 71,600,000 under a cash consumption lending contract with the Plaintiff on April 5, 2015, and if the Plaintiff fails to repay by June 30, 2016, a notary public, who was immediately subject to compulsory execution, prepared the deed of KRW 154, G, 2016 (hereinafter “Fair Deed”), and C, with the Defendant’s introduction of the Defendant on April 4, 2015, prepared the pertinent deed of KRW 50,000,000,000,000 for the Plaintiff, including the principal and interest thereon, to the Plaintiff.