대여금
1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.
2. After an appeal is filed.
1. Facts of recognition;
A. The Defendant is between the Plaintiff’s Choman C and his friendship.
B. From September 29, 2006 to November 18, 2006, the Plaintiff transferred a total of KRW 32,200,000 to the account (Account Number: D) of our bank under the name of the Defendant, as listed below.
(1) On October 2, 2006, KRW 10,000 on September 29, 2006, KRW 10,000,000 on October 2, 2006, KRW 30,000 on October 10, 2006, KRW 40,000 on October 26, 2006, KRW 5,000,000 on October 26, 2006, KRW 5,000 on November 34, 2006, KRW 60,000 on November 3, 2006, KRW 70,000 on November 16, 2006, KRW 700 on July 18, 2006, KRW 320,00 on KRW 320,00 on KRW 320,00 on August 18, 206, and there is no dispute over the entire pleadings
2. Determination
A. The Plaintiff asserts that the instant monetary amount is the amount loaned to the Defendant on the ground of a monetary loan agreement concluded between the Plaintiff and the Defendant.
However, even if there is no dispute as to the fact that the money has been received between the parties, the plaintiff alleged as a loan for consumption, and when the defendant asserts that the money was received due to a loan for consumption (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). The fact that the plaintiff sent to the defendant on July 4, 2016 after about 10 years from the date of transfer of the money of this case, which was about 10 years from the date of transfer of the money of this case, that the money of this case was sent to the defendant on July 4, 2016 (written evidence No. 2 of this case) is insufficient to recognize that the money of this case is a loan, and there is no other evidence to prove otherwise.
Rather, in full view of the entries and the purport of the entire arguments in the evidence No. 1, the defendant delivered the passbook to the bank account in the name of the defendant, and the person who requested the plaintiff to transfer the money in this case to the above account can be recognized as C. According to the above facts, the money in this case is a monetary loan agreement concluded between the plaintiff and C.