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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Plaintiff received a request for a monetary loan from the Defendant’s mother C on January 21, 2015, and lent the said money to C to the Defendant’s name Nonghyup Bank account while lending KRW 4,00,000 to C does not conflict between the parties, or that the said money was transferred to the Defendant’s name Nonghyup Bank account may be acknowledged by taking into account the entries in subparagraph 1 and the entire
2. The plaintiff's assertion and judgment asserted that the plaintiff lent the above money to the defendant by remitting 4,00,000 won to the bank account under the name of the defendant, but even according to the plaintiff's argument, the plaintiff requested the loan of the above money to the plaintiff was C, and the plaintiff did not confirm the defendant's intent of borrowing or repayment of the above money before or after the above remittance, and it is not deemed that C and the defendant are simple mother and child, and that the plaintiff paid the above money to C by transferring it to the bank account under the name of the defendant while paying 4,00,000 won to C, it is difficult to view that the monetary loan contract for the above money was concluded between the plaintiff and the defendant, and there is no other evidence to support the fact that the plaintiff directly concluded the monetary loan contract between the plaintiff and the defendant, or that the defendant granted the defendant's authority to act on behalf of the conclusion of the above contract to C,
(3) If the plaintiff's claim is concluded on March 1, 200, the plaintiff's claim against the defendant is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted and the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed. It is so decided as per Disposition.