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. Determination as to the cause of claim
A. The Plaintiff’s assertion asserts that the Defendant promised to pay the price to the Plaintiff after using the credit card in the name of the Plaintiff in the name of the Plaintiff, and that the Plaintiff used approximately KRW 100 million with the said credit card from January 2006, and thus, made monetary transactions with the Plaintiff, and accordingly, sought monetary payment of KRW 19 million against the Plaintiff.
B. Determination 1) In light of the following circumstances acknowledged by comprehensively considering the overall purport of the pleadings as evidence Nos. 1-1, 2, 2, 2, 5, 6, 7, and 2-3 of the evidence Nos. 1-2, the Plaintiff and the Defendant as of December 16, 2007 are recognized as KRW 7 million for the settlement of accounts to be paid by the Defendant to the Plaintiff between the Plaintiff and the Defendant as of December 16, 2007. < Amended by Presidential Decree No. 18178, Jul. 25, 2006>
B) On October 18, 2007, the Defendant borrowed 6 million won from the Plaintiff as of December 15, 2007 (hereinafter “the second loan certificate of this case”) with the content that the Defendant borrowed 6 million won from the Plaintiff on December 15, 2007.
B) On December 16, 2007, the Defendant borrowed KRW 7 million from the Plaintiff as of March 16, 2008 (hereinafter “third loan certificate of this case”) with the content that the Defendant borrowed from the Plaintiff on March 16, 2008 (hereinafter “third loan certificate of this case”).
the defendant was received from the defendant.
② The Plaintiff and the Defendant repeated monetary transactions before and after the preparation of the first and second loan certificates, but it appears that there exist many simple donations which are obviously insufficient to be recognized as loans, the Defendant frequently uses the credit card in the Plaintiff’s name, and the Plaintiff was pro-friendly, such as care for the Defendant’s children. By September 13, 2007, the Defendant deposited the money exceeding the amount stated in the first loan certificate with the Plaintiff.