대여금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The parties' assertion
A. The Plaintiff lent to the Defendant KRW 10 million on October 31, 2007, KRW 5 million on November 5, 2007, KRW 11 million on November 20, 2007, and KRW 26 million on November 20, 2007, and thus, the Defendant is obligated to pay the above loans to the Plaintiff.
In addition, even if the Plaintiff borrowed the above money from the Defendant to the Defendant’s passbook and used it by the Plaintiff, as alleged by the Defendant, the Defendant received a return of the passbook from the Plaintiff under the status of KRW 2,433,410, since the balance of the above passbook was returned to the Plaintiff, 2,433,410 should be returned to the Plaintiff as unjust enrichment.
B. The amount claimed by the Plaintiff to be lent to the Defendant is that the Defendant opened at the Plaintiff’s request and used the Plaintiff’s own deposit money in the passbook that the Plaintiff lent to the Plaintiff, and the Defendant did not borrow money from the Plaintiff, and thus, the Plaintiff’
2. (i) According to the statement in Eul evidence 2, the fact that the plaintiff deposited KRW 10 million in the name of the plaintiff on October 31, 2007, KRW 5 million on November 5, 2007, and KRW 11 million on November 20, 2007, in the name of the plaintiff on the account under the name of the defendant (Cbank D, hereinafter "the account of this case").
D. Meanwhile, in light of the following circumstances, it is reasonable to view that the Plaintiff used the instant account from October 29, 2007 to November 28, 2007, in light of the following circumstances, in which evidence Nos. 7, 8, 9, 13, and Nos. 1 and 3, the Plaintiff’s assertion that the amount deposited in the instant account was the amount loaned by the Plaintiff to the Defendant during the above period is without merit.
① The Plaintiff jointly and severally guaranteed the debt owed to E (the nominal owner of the debt) that is a high school established and established, and the Plaintiff transferred to the account in this case KRW 10 million on October 31, 2007 and KRW 5 million on November 5, 2007, respectively, and transferred KRW 10 million from the said account to H on November 5, 2007, and used the said G company’s debt repayment under H’s name on November 15, 2007.