대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. The plaintiff's assertion around October 19, 2009 lent KRW 10 million to the defendant via C and D, and the defendant paid only KRW 3 million among them. The defendant is obligated to pay the remainder of loans and delay damages to the plaintiff.
B. According to the overall purport of the statements and arguments in the evidence Nos. 1 and 2, the fact that the deposit owner transferred the sum of KRW 10 million to the defendant's E account referred to on October 19, 2009 through C, etc., however, it is insufficient to recognize that the plaintiff lent the above KRW 10 million to the defendant solely on the above facts of recognition, and there is no other evidence to acknowledge it. Thus, the plaintiff's claim of this case is without merit without need to further examine.
2. 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 unfair with different conclusions, so the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed as per Disposition.