대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. A. Around June 27, 2013, the Plaintiff was requested from the mother of the Defendant or the Defendant to lend KRW 10 million to the Plaintiff who previously lent KRW 10 million (hereinafter “instant loan”).
B. The Plaintiff, on the same day, remitted KRW 10 million to the Defendant’s account on the same day, saying that it is uneasy to lend additional KRW 10 million to the Defendant and the Nonparty C in dialogueing the said money to the Defendant and the Kakaook before remitting the said money. The Plaintiff stated that it is difficult to say that it is difficult to say that the Plaintiff is liable.
Accordingly, the plaintiff's answer to the defect that "I am dead because the plaintiff's "I am dead........"
C. On June 28, 2013, the Defendant remitted the money of KRW 10 million transferred from the Plaintiff to D, and D re-transfer the money to C on the same day.
After that, the Defendant received the loan certificate from C, stating that the Plaintiff, the borrower C, and the loan period shall be 4 months from June 28, 2013 to 200,000 won per month, and sent the Plaintiff the image of the above loan certificate by e-mail to the Plaintiff.
C transferred to the Plaintiff KRW 200,000 as interest on July and August 2013, respectively.
[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence Nos. 1 through 3 (including each number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. Plaintiff’s assertion 1) The Plaintiff had already lent KRW 10 million to C, a member of the Defendant’s mother D’s mother, and C had no financial ability to lend the Defendant the instant loan amounting to KRW 10 million. Therefore, since the instant loan contract was concluded between the Defendant and the Defendant, the Defendant is obligated to repay the instant loan to the Plaintiff. If the Defendant is not recognized as the debtor of the instant loan, the Defendant without any legal cause.