대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The plaintiff's wife C and the defendant, the plaintiff's wife, lent 150 million won to non-party D each, respectively. However, the defendant lent money from the plaintiff to D.
Accordingly, C withdrawn KRW 320 million from its own account on May 2, 2008, and then directly lent KRW 150 million to D among them. Of the remainder, KRW 150 million from the Plaintiff paid to D as a loan, and the Defendant lent it to D.
However, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 120 million and delay damages, since the Defendant paid only KRW 30 million to the Plaintiff and did not pay the remainder of KRW 120 million.
2. It is insufficient to acknowledge the fact that the Plaintiff lent KRW 150 million to the Defendant on May 2, 2008, as alleged by the Plaintiff, on the sole basis of each of the records of the Plaintiff’s evidence Nos. 1 through 3, and 7, and there is no other evidence to acknowledge otherwise.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.