대여금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The Plaintiff paid to the Defendant the amount of KRW 29.5 million on Jul. 30, 2010, KRW 200 million on Nov. 22, 2010, KRW 3.5 million on May 16, 2011, KRW 3.6 million on Aug. 23, 2011, KRW 5.4 million on December 15, 201, KRW 60 million on March 21, 201, KRW 7.5 million on April 25, 2012, KRW 80,000 on August 31, 201, KRW 201, KRW 3.6 million on September 29, 2012 (hereinafter “the sum”).
2. The parties' assertion
A. Since the Plaintiff lent the instant money to the Defendant without the due date and interest agreement, the Defendant is obligated to pay the said loan and damages for delay.
B. The Defendant’s instant money is not a loan, but the amount that the Plaintiff donated to the Defendant without any condition.
Therefore, the plaintiff cannot respond to the request.
3. Determination
A. In light of the following circumstances, it is reasonable to view the instant money as a loan lent by the Plaintiff to the Defendant without an agreement on due date and interest, in view of each of the entries in Gap's 1-6 evidence, 8-11 evidence, and 13-18 evidence (including each number).
① The Plaintiff transferred KRW 29.5 million to the Defendant on July 30, 2010 is part of KRW 30 million,00,000,000,000,000,000,000,000,000,000,000 won (hereinafter “instant real property”) that the Plaintiff transferred to the Defendant as security and received from a national bank. The KRW 5.5 million, which was transferred to the Defendant on November 22, 2011, was part of KRW 10,00,000,000,000,000,000,000,000,000 that was transferred to the Defendant on March 21, 2012 by the Plaintiff from a community credit cooperative.
② The Plaintiff did not have any special property other than the instant real estate used as a residential area, and most of the instant money was loaned from financial institutions.