대여금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
1. The Plaintiff asserted that the Plaintiff lent to the Defendant KRW 4 million on September 28, 2018, and KRW 9 million on April 10, 2018, respectively, and the Defendant is obliged to pay the borrowed amount of KRW 13 million and delay damages therefrom.
2. As long as the Defendant denies the fact of borrowing, the Plaintiff is liable to prove that he entered into a loan agreement with the Defendant for consumption and paid money to the Defendant. According to each of the evidence Nos. 1 (including a serial number) of the Plaintiff, the Plaintiff deposited KRW 4 million on September 28, 2018, and KRW 9 million on April 9, 2018 into the Nonghyup Bank’s account under the name of the Defendant C Co., Ltd. (D) designated by the Defendant, but it is insufficient to recognize that each of the evidence Nos. 4 and 6 was concluded between the Plaintiff and the Defendant as alleged by the Plaintiff, and that the said money was paid as a loan for consumption under the loan agreement, and there is no other evidence to prove otherwise.
3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.
The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.