대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts that no dispute exists;
A. The Plaintiff has extended money to Defendant B and her husband who operates a cafeteria, and has been repaid money transaction for a long time.
B. On March 10, 201, the Plaintiff, along with Defendant B’s husband and wife (hereinafter “Defendant, etc.”) confirmed the details of monetary transactions up to that time, and agreed with each other on the fact that the Defendant, etc. failed to pay 3.4 million won, and the Defendant, etc. asserted that they paid 8.8 million won more, but did not recognize the Plaintiff. The Plaintiff asserted that the Plaintiff lent 2.5 million won more by means of a bill delivery or remittance on December 4, 2008, and that the amount of KRW 1 million on December 31, 2008, KRW 1 million on December 31, 2008, and KRW 5 million on December 5, 2009 was not recognized.
Therefore, the Plaintiff and the Defendant prepared a certificate (Evidence A 1) that the Defendant shall confirm the unpaid amount of KRW 3.4 million and the dispute over whether to pay the unpaid amount of KRW 8.8 million, and that the Defendant shall pay the unpaid amount of KRW 2.5 million after confirming it later.
C. The Plaintiff filed a claim with the Defendant for the payment of KRW 3.4 million in a written confirmation under this Court Decision 2014Da48603, and the conciliation was concluded to pay the amount of KRW 2.5 million in installments. In addition, the conciliation was concluded to pay the amount of KRW 8.8 million in installments by demanding payment of KRW 8.8 million in a written confirmation under this Court Decision 2015Da58274.
2. The Plaintiff asserted that the Defendant lent KRW 78.110,00 to the Defendant, etc. as listed below.
However, the Plaintiff prepared a written confirmation after hearing statements from the Defendant based on the account books. The Plaintiff’s transaction account books (Evidence A2) with the Plaintiff prepared by the Defendant omitted KRW 78.11 billion. The Plaintiff reported the transaction account books submitted by the Defendant in the appellate court of the case No. 2015Da58274, the Plaintiff knew of the fact that the Plaintiff omitted KRW 78.110,000 from the Plaintiff’s deposit account books and prepared a written confirmation.
Therefore, the plaintiff is 7810,000 won to the defendant.