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The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
Reasons
1. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff's assertion was in conflict with the defendant. The plaintiff's assertion was that it was not possible to conduct financial transactions due to credit problems and requested the defendant to do so on or around September 10, 2008, and the account (Account Number E; hereinafter "the account of this case").
(2) On October 15, 2008, the Plaintiff received KRW 20 million from F to F, and around that time, the Plaintiff paid KRW 47 million from the Plaintiff’s swine farm purchase price to the instant account. At that time, the Defendant jointly and severally guaranteed the Defendant’s obligation to the Plaintiff, and the Plaintiff did not repay the money to the Plaintiff, and the H Bank, a creditor, attached G’s wage account, and requested the Plaintiff to lend money for the purpose of cancelling the above seizure. The Plaintiff responded to this request on October 15, 2008 by withdrawing KRW 20 million from the instant account from H Bank to the department in charge of H Bank. Accordingly, the Defendant was obligated to borrow KRW 20 million from the Plaintiff’s loan to the Plaintiff and pay KRW 20 million from the Plaintiff’s loan to the Plaintiff, not from the Plaintiff’s loan to the Plaintiff’s account, and the Defendant did not actually use the Plaintiff’s loan to the Plaintiff’s account.
B. Determination 1) In full view of the purport of the entire arguments and arguments as to Gap evidence Nos. 1 through 5 (including paper numbers, and the financial transaction information reply to the C.C. branch of the court of first instance, ① the account opened in the name of the defendant appears to be the account opened for the use of the plaintiff, ② the money deposited in the account of this case as of October 15, 2008 is deposited by the plaintiff or purchased pigs farm from the plaintiff.