대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The plaintiff filed a claim against the defendant for loans of KRW 13 million on December 23, 2004, KRW 1 million on December 28, 2005, KRW 5 million on July 13, 2007, KRW 1 million on September 22, 2007, KRW 500,000 on December 29, 2007, KRW 500,000 on February 4, 2008, KRW 3.8 million on November 12, 2008, KRW 100,000 on April 5, 2010, KRW 3.3 million on April 18, 201, KRW 3 million on loans of KRW 4 million on September 31, 201.
However, the Plaintiff did not file an appeal against the judgment of the first instance, and only the Defendant filed an appeal against the part against the Defendant in the judgment of the first instance.
Therefore, the object of the party deliberation is limited to the loan claim of KRW 13 million on December 23, 2004, which is the part against the defendant, and KRW 4 million on April 18, 201, which is the part against the defendant.
2. The reasons for the court’s explanation of this case are as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment as described in the following Paragraph 3, as to the assertion that the defendant refisd or emphasized in the trial of the court of first instance, and therefore, it is acceptable in accordance with the text of Article 420 of the Civil Procedure Act.
3. Additional determination
A. Defendant’s assertion 1) On December 23, 2004, the Defendant borrowed KRW 13 million from the Plaintiff’s father He, not the Plaintiff, and paid the above borrowed money in full by remitting KRW 19 million to the account under the name of the network E on August 30, 2006. (2) Although the Defendant borrowed KRW 4 million on April 18, 201 from the Plaintiff pursuant to the joint development agreement with the Plaintiff, the Defendant borrowed money from the Plaintiff. However, in accordance with the joint development agreement with the Plaintiff, the said borrowed money was to be settled together when the development cost is settled, and the said borrowed money was not yet due.
B. In full view of the purport of the entire pleadings in the statement No. 1-2-3 of the evidence No. 2-3, the Plaintiff transferred the above money from the account under one’s own name to three million won, and lent it to the Defendant.