1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

1. The fact of recognition is Defendant C’s husband and wife, and Defendant B made a product “D” from around 2003, and sold the product through E (hereinafter “E”) that the Plaintiff was the representative director, and received profits therefrom from E.

On the other hand, around March 15, 2004, KRW 7.8 million was transferred from the national bank account in the name of E (hereinafter “E account”) to the national bank account in the name of Defendant C (hereinafter “Defendant C account”). On the same day, KRW 11.5 million was transferred from the remitter to the Defendant C account by designating the remitter as “E”.

As above, the amount transferred from the E account to Defendant C account three times in total is KRW 20 million.

And the above remittance act was transferred by the F, who worked as the managing director of E, upon the request of Defendant B.

[Ground of recognition] Gap 1, 3, 4, 6, 7, 9, 10, 15, 15, 2, 2, 3, 4, 6, 7, 9, 15

2. The assertion and judgment

A. The plaintiff's assertion that Defendant B, who was in a partnership business, required to lend money to Defendant C, his father's father, for studying abroad, and lent it to the defendants by means of remitting money of KRW 20 million. Thus, the defendants are jointly and severally liable to return it to the plaintiff.

As to this, Defendant C alleged that it did not know the Plaintiff at all and did not borrow money from the Plaintiff, and Defendant B demanded to receive KRW 20 million from E to Defendant C’s account, but it claimed that this is not the money borrowed from the Plaintiff, but only part of the profit paid from E.

B. The amount of KRW 20 million, which was first remitted to Defendant C’s account, was remitted from the E account or in the name of E, and thus, it is difficult to view that the Plaintiff’s individual was remitted.

In particular, the account is related to the business of E, such as deposit of the sales price of the “D” product or profit to be distributed to the Defendant B.