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 parties' assertion

A. On August 11, 2014, the Plaintiff was solicited to purchase at KRW 216,00,000 from C and D the vehicles owned by the Grober Logistics Co., Ltd. (hereinafter “Srober”) at KRW 16.

On the same day, the Plaintiff transferred KRW 5,000,000 to the account in the Defendant’s name designated by C upon the solicitation of C as a provisional contract deposit.

However, after the transfer of the above provisional contract amount, the contract agreement between the plaintiff and the plaintiff has not been concluded.

Therefore, the defendant is obligated to return the money stated in the claim to the plaintiff.

B. The Defendant only lent the account under the name of the Defendant to the Plaintiff, which introduced the sales contract between the Defendant and the Plaintiff, and did not participate in the instant sales contract.

In addition, since the above provisional contract amount was transferred from the account in the name of the defendant to the Kwon Co., Ltd., which represented for the re-rupture, and then was remitted KRW 5,00,000 from the plaintiff on the same day, the defendant is not obligated to return the above money to the plaintiff.

2. According to the records in Gap evidence No. 1, it is acknowledged that the plaintiff remitted KRW 5,00,000 to the account (Account Number: Suhyup) under the defendant's name on August 11, 2014. However, even if the plaintiff's assertion itself is based on the plaintiff's assertion, the person who recommended the conclusion of a trade contract between the plaintiff and the recomponent seems to have been C and D, and there is no evidence to deem that the defendant involved in the introduction of the above sales contract and actually enjoyed the above KRW 5,00,000. Thus, the plaintiff's above assertion is without merit without any need to further examine the remaining points.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions. Thus, the plaintiff's claim is revoked and it is so decided as per Disposition.