대여금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion made a loan to the Defendant without fixing the due date for repayment of KRW 2 million on January 10, 2014, and KRW 10 million on February 28, 2014. The Defendant repaid the principal amount of KRW 1 million on October 10, 2014, and the Defendant is obliged to pay the Plaintiff the loan amounting to KRW 11 million (= KRW 12 million) and delay damages therefrom.
B. In light of the following circumstances, Gap evidence Nos. 1 (Evidence) cannot be used as evidence because there is no evidence to prove the authenticity of the petition (or there is no dispute between the parties that the defendant was not to prepare Gap evidence No. 1, and there is no evidence to prove that the defendant was to grant the defendant the right to prepare the above loan No. 1 to D or the plaintiff), Gap evidence Nos. 2 and 3 (including paper numbers; hereinafter the same shall apply) and the whole purport of the pleadings, the following circumstances are acknowledged: ① the plaintiff remitted the above KRW 12 million to the account of Eul Co., Ltd. (hereinafter "E"), ② The E representative is Eul as the wife of Eul, and the pro-friendly D is practically operated by Eul, and there is no evidence to prove that the plaintiff lent the above money to the defendant, and there is no evidence to prove otherwise.
2. In conclusion, the plaintiff's claim of this case should be dismissed as it is without merit.
The judgment of the court of first instance is unfair with different conclusions, and thus, it is revoked by accepting the defendant's appeal and it is so decided as per Disposition.