1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Around March 2009, the Defendant and C found the Plaintiff several times and lent KRW 10,000,000 as the funds needed for the cosmetics business in China were to pay the Plaintiff two to three months.

Accordingly, on March 9, 2009, the Plaintiff remitted KRW 10,000,00 to the account under the name of C-friendly job offering D (hereinafter “instant loan”).

Therefore, the Defendant, as the borrower of the instant loan, is liable to pay KRW 10,000,000 to the Plaintiff and interest thereon.

2. Determination

A. According to the statements in Gap evidence Nos. 3 and 5, the plaintiff transferred KRW 10,000,000 to the account under the name of D on March 9, 2009, and on the same day, it is recognized that KRW 5,00,000 was remitted from the account under the name of the defendant to the account under the name of the defendant on the same day.

B. However, it is not sufficient for the Defendant to recognize the borrower of the instant loan solely with the statement Nos. 1 and 5 as well as the testimony by the witness C of the first instance trial, and there is no other evidence to prove otherwise.

(C) At the date of pleading of the trial, the Plaintiff also lent money to the Defendant on the ground that “C is carrying on several occasions, and the Defendant has no cost for carrying on a cosmetic business.” There is no statement that the Defendant would directly lend money from the Defendant. The Plaintiff stated that C was aware of the Defendant’s name only with the Defendant’s use of money.”

Even if the Defendant borrowed the instant loan, the Defendant defenses that the statute of limitations has expired. The Defendant’s act of borrowing business funds cannot be deemed as an act of preparing a commercial activity which is an object of business in view of the nature of the act itself. However, if the actor’s subjective intent is a preparatory act for business and the other party knows that the act is a preparatory act for business purposes by explaining the actor, the provisions of the Commercial Act concerning commercial activities are applicable.