2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

In this regard, the defendant only introduced the plaintiff and D, and the person who borrowed the money is not the defendant but D.

Judgment

According to the statement in Gap evidence No. 1, the fact that the plaintiff transferred the total sum of KRW 4 million on December 12, 2014, KRW 6 million on December 20, 2014, and KRW 14 million on January 23, 2015 to the national bank account in the name of C (the mother of D).

Furthermore, in full view of the following circumstances, it is reasonable to view that the Plaintiff borrowed the above KRW 14 million from the Plaintiff as the Defendant, taking into account the following circumstances, in view of the respective descriptions of evidence Nos. 1, 2, and 4 and the purport of the entire pleadings by the Plaintiff.

On December 12, 2014, the first transfer date, the text message was sent from the defendant's mobile phone to the account number of the National Bank C in the name of the plaintiff's mobile phone.

원고는 2015. 7. 21. 피고에게 “앞으로 안면 깝시다. 법으로 할게.”라고 문자메시지를 보냈고, 피고는 같은 날 원고에게 답장으로 “A(원고) 쫌만 기다려 보게. 나도 머리 터져 죽을 것 같네.”라는 문자메시지를 보냈다.

On July 28, 2015, the Plaintiff sent a content-certified mail to the Defendant demanding the repayment of KRW 14 million, and received the Defendant’s child on July 29, 2015.

Nevertheless, it seems that the defendant did not take any particular action against this.

Around May 2015, the Defendant filed a complaint on the charge of fraud, including the instant amount for which the Plaintiff seeks payment to the Defendant.

D On May 25, 2016, the judgment was finalized on August 19, 2016, on the following grounds: (a) the Defendant, etc. was sentenced to imprisonment with labor for a two-year term; and (b) the date and amount of the account transfer made by the Plaintiff to the Defendant even in the above criminal facts.