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. On November 15, 2013, the Plaintiff asserted that the Plaintiff lent KRW 80 million to the Defendant by means of remitting money to the deposit account of D, and received only KRW 14 million among them.

The defendant is liable to pay the remainder of the loan and damages for delay to the plaintiff.

2. According to the whole purport of evidence No. 1, evidence No. 1, witness D of the party trial, and testimony and oral argument of the witness D, the fact that the Plaintiff remitted KRW 80 million to D’s deposit account on November 15, 2013, and the Plaintiff’s fatherF under mutual agreement between the Plaintiff and D shall pay KRW 80 million to F by means of remitting to D’s account, and F shall be recognized as the fact that the Plaintiff remitted money to the other person’s account known to the Plaintiff in the amount of KRW 80 million to China.

However, the above facts alone paid KRW 80 million to the defendant through the account of D.

It is insufficient to recognize that F paid KRW 80 million to the Defendant by means of remitting the money equivalent to KRW 80 million to the account designated by the Plaintiff, and there is no other evidence to acknowledge otherwise.

The Plaintiff asserts that the Defendant paid KRW 14 million between April 5, 2014 and October 5, 2016, and that the Defendant approved the Defendant’s obligation by sending letters to the effect that it recognized the said obligation on October 4, 2016.

According to the facts without dispute, Gap evidence 2, Eul evidence 3, and Eul evidence 1, and the whole purport of the pleadings, the plaintiff, knowing that the defendant purchased and sold gold in China, he/she remitted the amount of KRW 70 million to the defendant on March 28, 2013, the defendant remitted the amount of KRW 23 million to the plaintiff during the period from April 1 to October 5, 2016, the plaintiff sent the amount of KRW 23 million to the plaintiff on August 27, 2016 and September 12, 2016, and the defendant sent the letter to the defendant on October 4, 2016, stating that he/she would offer money to the plaintiff as a penalty even if he/she would do so, and the plaintiff sent the letter to the defendant on November 15, 2013.