대여금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. Determination as to loan claims
(a) Determination on the cause of the claim 1) Gap evidence 1 to 5, 10 (including branch numbers for those with virtual numbers; hereinafter the same shall apply);
(1) In light of the following circumstances, the Plaintiff loaned KRW 300 million to the Defendant around December 22, 2005, based on each entry, the first instance court’s order to submit financial transaction information to Daegu Bank Co., Ltd. on July 29, 2016, the result of the order to submit financial transaction information to the new bank Co., Ltd. on December 21, 2016 and the entire purport of pleadings, the Plaintiff appears to have used KRW 300,956,356 cashier’s checks (D) at face value on December 22, 2005; ② the Defendant appears to have used the Defendant’s Daegu Bank on April 17, 2006; KRW 300,000,000 for KRW 300,000 for KRW 100,000 for KRW 300,000 for KRW 300,000 for KRW 300,00 for KRW 300,00 for the above account.
Therefore, barring special circumstances, the Defendant is obligated to pay the remainder of KRW 150 million to the Plaintiff as well as damages for delay.
(A) Since the Plaintiff’s assertion on the loan is accepted, the claim on the agreed amount shall not be examined separately).
As to the defendant's assertion 1, the defendant does not have a certificate of loan or an angle to the above loan, and the source of KRW 300 million is unclear that the plaintiff lent the loan to the defendant.