대여금반환
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The plaintiff asserted that the plaintiff lent a total of KRW 12,080,000 to the defendant from January 17, 2009 to March 12, 2009. Since the defendant did not repay the above loan, the defendant is liable to pay the plaintiff 12,080,000 won and damages for delay.
B. At the time of the defendant's assertion, the defendant received the money transferred by the plaintiff from the plaintiff who had a relationship with the plaintiff as a passbook in the name of the defendant, and received 12,080,000 won from the plaintiff to the passbook in the name of the defendant, and received 12,50,000 won from the plaintiff to the passbook in the name of the defendant, and paid in cash to C, and the remaining KRW 10,580,000 to the passbook in C cannot accept the plaintiff's claim since it did not borrow money from the plaintiff.
2. According to the statements in Gap evidence Nos. 1 and 2, the plaintiff transferred the amount of KRW 2,700,000 to the head of the foreign exchange bank in the name of the defendant, and KRW 2,50,000 on February 4, 2009, and KRW 6,880,000 on March 12, 2009, and KRW 880,000 on two occasions.
A total of KRW 12,00,000 is deemed to have been remitted, but on the other hand, 50,000 out of each remittance amount of KRW 10,580,000, five times from January 18, 2009 to March 13, 2009, each remittance amount of KRW 10,580,000, which is the following circumstances: (a) the Plaintiff and the Defendant did not prepare a disposition document, such as a certificate of borrowing verifying the fact of borrowing money, in addition to the entire purport of the pleadings as stated in subparagraphs 1, 2, and 3-1, 3-2; and (b) the Defendant appears to have received money from the Plaintiff.
(No. 2). The defendant's assertion that he again remitted money received from the plaintiff to D upon the plaintiff's request is persuasive, and the plaintiff made a preparatory document dated February 26, 2014 to the purport that he is not aware of any relationship with D, but the plaintiff directly remitted 2,50,000 won to D on March 17, 2009.