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.

1. The plaintiff asserts that, as the cause of the claim in this case, the plaintiff lent KRW 5,00,000 to the defendant on February 25, 2008, the defendant is obligated to pay the above loan amount of KRW 5,000,000 to the plaintiff and delay damages.

Therefore, according to the evidence No. 1, the Plaintiff’s transfer of KRW 5,00,00 to the Defendant’s deposit account on February 25, 2008 (hereinafter “the above remittance amount”), and according to the statement No. 2-1 of the evidence No. 2-1 and the purport of the whole oral argument (including the fact that there is no dispute), the Defendant asserts that the payment amount of this case was remitted to the Defendant to repay part of the amount of each of the obligations owed by the Defendant or the Plaintiff’s mother against the Defendant. On Oct. 1, 2008, the Defendant filed an application for provisional seizure against the Defendant as the right to preserve the claim and did not deduct the amount of the payment of this case, but the Plaintiff did not present the evidence No. 1 and No. 2 of this case for the following reasons.