1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On January 4, 2012, the Plaintiff wired KRW 150 million to the deposit account in the Defendant’s name at around 09:50,000.

B. The Defendant, on the same day, remitted the sum of KRW 100,000,000 to C’s deposit account of KRW 10:22 and 10:24 on the same day, but again, received KRW 100,000 from C on the same day and remitted it to D’s account immediately.

【Non-contentious facts, Gap’s evidence 2, 3, and Eul’s evidence 2 and 3

2. Judgment on the plaintiff's assertion

A. (1) The plaintiff alleged that he lent the above KRW 150 million to the defendant, and the defendant claimed the return of the money. The defendant, upon receiving a request from the plaintiff to C and D to request it to deposit the money, remitted the money remitted from the plaintiff to C, and then returned the money to D upon the plaintiff's instruction (However, the plaintiff asserts that the amount of KRW 50 million was appropriated for the repayment of the claim to D and remitted to 100 million to D), and that there was no fact of borrowing the money from the plaintiff.

(2) According to the evidence No. 1 written by the lower court, it can be acknowledged that the Defendant, on January 31, 2012, prepared and delivered a certificate of borrowing KRW 150 million to the Plaintiff on February 6, 2012.

However, in light of the above facts and the following circumstances revealed by the record, it is difficult to recognize that the Defendant borrowed the above KRW 150 million from the Plaintiff solely based on the above facts and there is no other evidence to acknowledge it.

① As seen earlier, the Defendant received KRW 150 million from the Plaintiff, and immediately remitted KRW 100,000,000 from the Plaintiff to C, and again, remitted the said KRW 100,000 to D.

However, at the time, the defendant and C are merely aware of face and did not have any special relationship, and the plaintiff and C exchange contact with each other.