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 asserted that: (a) on September 2016, the Plaintiff lent KRW 12,00,000 as litigation costs incurred in filing a lawsuit against D, such as revocation of fraudulent act, to the network B; (b) on November 28, 2018, the Defendant (the appointed party; hereinafter “the Defendant”) and the designated party B were killed on the part of the deceased B, and the heir died on November 28, 2018; and (c) the heir was the wife F, the Defendant, the designated party, G, and H; and (d) the Defendant and the designated party filed a request to resume the lawsuit by this court.
The Plaintiff is obligated to pay the above loan to the Plaintiff.
2. In full view of the following circumstances: (a) there is no evidence to acknowledge that the Plaintiff lent the said money to the network B; (b) on June 20, 2016 between the network B and E, a written agreement (Evidence No. 1) that the Plaintiff bears the burden of E; and (c) the Plaintiff was present at the time of the preparation of the said written agreement and signed by the Plaintiff, it is difficult to view that the Plaintiff lent KRW 12 million to the network B.
Therefore, the plaintiff's assertion is without merit.
3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.
The judgment of the first instance is justifiable in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.