대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. The total costs of the lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserts that, through C on August 3, 2011, the Plaintiff loaned KRW 10 million to the Defendant at the interest rate of 30% per annum and the due date of repayment on November 3, 2011. Accordingly, the Defendant asserted that C, while serving as the head of the E-gu E entertainment tavern (hereinafter “instant main store”), was a person who managed all of the funds while working as the head of the E-gu E-gu office during the Gyeyang-gu period in which D was operated, and that the said money was paid from D under the condition that the Defendant worked as the head of the office at the said main office.
2. According to the evidence evidence Nos. 1 and 5, the defendant was paid KRW 10 million from the bank account under the name of the defendant to the bank account under the name of the defendant on August 3, 2011, and the defendant issued a power of attorney to prepare a notarial deed on August 3, 2011 to the plaintiff on the lending of money as alleged by the plaintiff on August 3, 2011. However, in full view of the evidence Nos. 2, 3 through 5-1, 2-1, 3 through 5-1, and 3-2-1, 3-2-1, and the purport of the whole pleadings in the testimony of the witness witness witness D, the defendant was paid KRW 10 million from the first time of August 3, 201 and the main text of this case to the defendant on the condition that he worked as the chief of office, and the fact that the defendant did not have agreed to pay KRW 10 million from August 3, 2011 to the above 3-1-2000.
Therefore, the plaintiff's assertion is without merit.
3. Thus, the plaintiff's claim is groundless, and the judgment of the court of first instance, which has different conclusions, is unfair, and the plaintiff's claim is dismissed.