대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Plaintiff’s assertion that: (a) on April 11, 2016, the Plaintiff agreed to receive interest at the rate of 2% per month from the Defendant; and (b) lent KRW 3 million in the name of credit card payment; (c) however, the Defendant did not pay at all the above KRW 3 million and interest until now; and (d) accordingly, the Defendant asserts that the Plaintiff should pay the loan amount of KRW 3 million and its delay damages.
In regard to this, the defendant recognized that he received the above three million won from the plaintiff, but asserts that the above money is merely merely paid by the plaintiff as living expenses while teaching with the defendant.
2. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that there was a cash receipt between the parties to the judgment, but the loan was lent to the court below, the defendant bears the burden of proving the loan.
(See Supreme Court Decision 2013Da73179 Decided September 15, 2015 (see, e.g., Supreme Court Decision 2013Da73179). The fact that the Plaintiff paid KRW 3 million to the Defendant on or around April 11, 2016 is without dispute between the parties, and according to the Gap evidence No. 1, the only evidence submitted by the Plaintiff, the Plaintiff submitted to the Defendant on December 30, 2016, it is recognized that the Plaintiff demanded the return of the above KRW 3 million and interest, but it is insufficient to acknowledge the fact that the Plaintiff lent the above KRW 3 million to the Defendant, and there is no other evidence to prove this otherwise.
3. The judgment of the first instance is just, and the plaintiff's appeal is dismissed as it is without merit.