대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
1. The Plaintiff, who did not dispute, transferred total of KRW 8.8 million to the Defendant account from October 22, 2015 to November 3, 11.
On November 3, 2015, the Defendant drafted a loan certificate (amounted to KRW 15 million, date of borrowing: November 3, 2015; date of repayment: January 3, 2016) to the Plaintiff on November 3, 2015.
2. The Plaintiff asserts that, until November 3, 2015, the total amount of money lent to the Defendant as cash and account remittance was received by the Plaintiff.
The defendant prepared a loan certificate and received the remainder, which eventually did not receive the difference of 6.2 million won (15 million won - 8.8 million won).
The defendant's assertion that one half of the borrowed money has been drawn up with a loan certificate for all of the borrowed money is somewhat different.
The Defendant demanded the Plaintiff to pay the difference that the Defendant did not received after the loan certificate.
There is no circumstance that the dispute occurred or due to it.
In light of such circumstances, the plaintiff's explanation seems to be more persuasive.
3. The plaintiff's claim should be accepted.
The judgment of the first instance court as the conclusion is justifiable, and the defendant's appeal is dismissed.