대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
The purport of the claim and the appeal shall be 1.
1. Basic facts
A. The Plaintiff was aware of the Defendant, who was operating the early packaging vehicle in 2010, and was paying it.
B. On October 14, 2015, the Plaintiff remitted KRW 6,000,000 to the Defendant (hereinafter “instant money”).
【Unfounded grounds for recognition】 Facts without dispute, Gap evidence No. 1, the purport of the whole pleadings
2. The summary of the parties' assertion made a loan to the Defendant upon the Defendant's request that the Plaintiff was an urgent event.
The argument is asserted.
On the other hand, while the defendant was in a relationship with the plaintiff, he paid the money to the defendant in order to establish the defendant's prestige which is male, and the plaintiff actually used the money in this case as entertainment expenses together with the plaintiff.
The argument is asserted.
3. Determination
A. The following circumstances are that the Plaintiff, along with the Defendant, remitted the instant money to the Defendant for the purpose of using the entire purport of the pleadings on whether the instant money constitutes a loan, on the statement of evidence Nos. 1 and 1.
In view of the fact that the amount of the instant money seems to be the maximum amount, ② The Plaintiff only remitted the instant money to the Defendant once, and there was no money transaction with the Defendant before and after that transfer, ③ the Defendant used the instant money as well as having used the instant money while leaving the relationship with the Plaintiff with the Plaintiff.
In full view of the following facts: (a) there is no evidence to support the claim; (b) there is no document supporting the lending of money with respect to the instant money, and (c) there is common reason to establish documents to prove the lending relationship when lending money between the parties by means of remittance; and (d) there is a common reason to conclude that the Plaintiff lent the instant money to the Defendant.
It is reasonable to view it.
B. Therefore, the Defendant’s loaning KRW 6,000,000 to the Plaintiff and a duplicate of the instant complaint as sought by the Plaintiff.