대여금
1. Revocation of the first instance judgment.
2. The defendant shall pay 15,000,000 won to the plaintiff.
3. All costs of the lawsuit are assessed against the defendant.
1. The following facts may be acknowledged by integrating the respective descriptions and arguments of Gap 1 and 2:
The Plaintiff, by December 24, 2007, lent a total of KRW 15,000,000 to the Defendant, and the Defendant, on December 24, 2007, drafted a certificate of borrowing to the Plaintiff, stating that “The Defendant has borrowed KRW 15,00,000 from the Plaintiff to the present time” from the Plaintiff.
B. On May 15, 2009, the Defendant drafted a re-written loan certificate to the Plaintiff stating that “the Defendant shall receive KRW 15,000,000 regularly,” but the Defendant’s seal is affixed on the side of the Defendant’s name.
C. All of the above loans were made up for KRW 15,00,000 that the plaintiff lent to the defendant until December 24, 2007, and the time of return is not separately stated.
2. According to the above facts of recognition, the plaintiff can be recognized that he lent KRW 15,00,000 to the defendant by December 24, 2007 without fixing the time of return. Thus, the defendant is obligated to pay the above KRW 15,00,000 to the plaintiff.
3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning, and the evidence submitted by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s assertion, and the judgment of the court of first instance is unfair. Accordingly, it is so decided as per Disposition by cancelling this and ordering the payment of the said money.