대여금
1. Revocation of a judgment of the first instance;
2. According to the selective claims added by this court, the defendant is 150,000.
1. The reasoning for the court’s explanation concerning this part of the underlying facts is as stated in the relevant part of the judgment of the court of first instance, except that the second instance court’s “Death around May 2013,” with the phrase “Death around September 2013,” and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to loan claims
A. On October 20, 201, the Plaintiff paid 1% interest to the Defendant on October 20, 201, and loaned 50 million won to the Defendant’s account in the name of Busan Bank in the name of the Defendant on the condition that prior notification would be made before the two months prior to the repayment date. On November 5, 2012, the Plaintiff additionally lent 100 million won to the Plaintiff by transferring the said loan and its agreed interest amount to the Busan Bank account in the name of the Defendant. Accordingly, the Defendant was obligated to repay the said loan and its agreed interest amount to the Plaintiff on October 20, 201, and the Defendant did not have any obligation to return the said money to the Plaintiff on November 20, 201, since 10 million won transferred to the Defendant’s account in the name of the Defendant was divorced with the Defendant on November 5, 2012, and on September 5, 2013, the Defendant did not have any obligation to return the money to the Plaintiff.
B. Determination 1) On the other hand, the burden of proof as to the facts of the monetary loan contract cannot be admitted as evidence because there is no evidence to prove the authenticity, and the testimony of Gap evidence Nos. 2, 4, and 6, Gap evidence Nos. 7-1 through 3, and witness F of the first instance trial alone is insufficient to recognize the fact that a monetary loan contract for the amount of KRW 150 million between the plaintiff and the defendant was concluded between the plaintiff and the defendant, and there is no other evidence to prove it. 2) Rather, the plaintiff is able to consider the descriptions of the evidence No. 7-1 through 3, Nos. 1, 2, and 2 as well as the whole purport of arguments and arguments. < Amended by Act No. 11010, Nov. 20, 2011>