대여금
The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are deemed
Therefore, the court's explanation on the instant case is consistent with the reasoning of the judgment of the first instance, except for the following addition, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.
[Supplementary part] On the 2nd page 7 of the judgment of the first instance, the Defendant added “from February 4, 2010” to “from February 4, 2010.” On the 2nd page of the judgment of the first instance, the following is added.
Even if there is no dispute between the parties as to the fact that money has been received, if the defendant contests against the plaintiff's assertion that the lending was made, the party bears the burden of proving that the lending was made.
(see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). On the third page of the first instance judgment, the following is added: (a) the submission of the first instance judgment was made; and (b) the following details are added:
③ The Plaintiff and the Defendant do not have any express disposition document, etc. to recognize that a monetary loan contract was concluded between the Plaintiff and the Defendant
2. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.
The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed.