1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On December 13, 2004, the Plaintiff lent KRW 10 million to the Defendant. On March 30, 2013, the Plaintiff acquired the above loan claims from C, and C notified the Defendant of the assignment of claims at that time. Since the above notification reached the Defendant, C asserts that the Defendant is liable to pay KRW 10 million and delay damages to the Plaintiff, the assignee of the claim.

2. As to this, the defendant asserts that there is no obligation to repay to the plaintiff, since it is not sufficient to borrow KRW 10 million from C.

3. Therefore, it is necessary to prove that the Plaintiff lent KRW 10 million to the Defendant. However, according to the Plaintiff’s assertion, C lent KRW 10 million to the Defendant on December 13, 2004 and then transferred the above loan claim to the Plaintiff at around that time without any payment by March 30, 2013, where around 10 years have passed since C borrowed KRW 10 million to the Defendant, and there is no document and material that C requested the Defendant to repay the loan claim. According to the evidence No. 3 (written confirmation) of the above transfer date, it was prepared by the person who was well known as C on June 30, 2013, and its contents were merely the existence of the above loan claim from C, and there is insufficient evidence to prove the existence of the Plaintiff’s non-prosecution claim as to the Defendant’s fraud in the instant lawsuit, not the evidence to prove the existence of the loan claim No. 3 (No. 9).