대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The assertion and judgment
A. On December 8, 2009, the Plaintiff asserted that the Plaintiff lent KRW 33 million to the Defendant.
Therefore, the defendant is obligated to pay to the plaintiff 3 million won (and damages for delay).
B. The fact that the Plaintiff transferred KRW 33 million to the Defendant’s account at the time of the aforementioned assertion is either a dispute between the parties, or may be acknowledged by the entry of the evidence A1.
However, as to whether the Plaintiff remitted the above money to the Defendant as a loan, it is not sufficient to recognize it only by the evidence submitted by the Plaintiff, and there is no other evidence to prove it otherwise.
The Defendant asserts that the said money was returned when the Plaintiff moved into a house owned by the Defendant on February 2, 2016, which was the money that the Plaintiff received as a lease deposit while leasing his house to the Plaintiff. However, the Defendant’s assertion that the Plaintiff moved into a house owned by the Defendant around February 2010, and went to another place around April 2016, and that the Defendant paid the Plaintiff totaling KRW 35 million to the Plaintiff on February 2016 and around March 3, 2016 is not a dispute between the respective parties, and thus, the Defendant’s assertion that the above money
Therefore, the plaintiff's assertion is not accepted.
2. The plaintiff's claim of this case must be dismissed as it is reasonable.
The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed.