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. The reasoning of the court of first instance’s explanation as to this case is as stated in the part of the first instance judgment except for the defendant’s assertion emphasized or added by this court as to this case’s assertion, as set forth in paragraph (2) below, and thus, it is citing it as it is in accordance with the main sentence of Article 420
2. The defendant asserts that the money sent by the defendant to the plaintiff's account was not the name of interest as to whether the money was paid to the father's mother (the defendant's mother) as compensation and consolation money.
However, it is difficult to understand that the Defendant sent money to the Plaintiff’s account, which is not the mother’s or C’s account, and that the Defendant paid money equivalent to interest for a considerable period from around 2012 to October 2017, and that it is difficult to understand that the said money was paid as a loan to the Nonparty Company rather than the money or consolation money to the mother’s mother.
The defendant asserts that the plaintiff paid 9.1 million won, which the plaintiff remitted to the account of C, to the account of C, by the plaintiff.
However, even according to the statement in Eul evidence No. 1, it is recognized that C remitted a total of KRW 1.95 million from February 2003 to April 2003 to the plaintiff (1.85 million) and D (100,000 won). It is not known which amount was remitted under any pretext, and it is not considerably less than 9.1 million won that the amount was remitted by the plaintiff, and it was generated nine years from February 2012 and March 2012 at the time when the plaintiff remitted, and it is not recognized that 9.1 million won, which was remitted by the plaintiff, was for the repayment of the obligation to C, as alleged by the defendant.
Therefore, the Defendant’s assertion is difficult to accept.
3. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.