대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The plaintiff asserted that the plaintiff lent a total of KRW 90 million to the defendant on May 9, 2005, including KRW 70 million, and KRW 20 million on May 10, 2005, and on May 19, 2005, the defendant agreed on May 19, 2005 that the plaintiff will return the above KRW 135 million plus the above KRW 45 million to the plaintiff by December 10, 2005.
However, the defendant paid 60 million won to the plaintiff thereafter, and the remaining 75 million won is not paid.
Therefore, the defendant is obligated to pay to the plaintiff KRW 75 million and delay damages.
2. Therefore, as to whether the Plaintiff agreed on May 9, 2005 and May 10, 2005 to lend KRW 90 million to the Defendant or to return KRW 135 million to the Plaintiff on May 19, 2005, the health unit and the evidence No. 1 of the evidence No. 1, corresponding thereto, cannot be used as evidence because there is no evidence to acknowledge the authenticity, and the statement No. 1-2 of the evidence No. 1-2 of the evidence No. 1 is insufficient to acknowledge it, and there is no other evidence to acknowledge it.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.