대여금
1. The plaintiff's appeal and the plaintiff's claim added by this court are dismissed, respectively.
2. After an appeal is filed.
1. Basic facts
A. The Plaintiff and Defendant C have engaged in money transactions several times from around 2008 to May 2012.
B. The Plaintiff’s Hbank account (Account Number K; hereinafter “instant account”) deposited KRW 210 million in the check on January 15, 2008, and the said check was deposited in Defendant B’s G Association account on the same day.
(hereinafter “instant loan 1”). C.
The Plaintiff deposited KRW 180 million from E on May 23, 2008 to the instant account, and the said KRW 180 million was transferred to the Defendant B’s account on the same day.
(hereinafter “instant KRW 180 million”) D.
On May 29, 2009, the Plaintiff lent KRW 50 million to Defendant C without setting the due date and interest.
(hereinafter “instant second loan”). E.
Defendant C deposited the Plaintiff’s instant account in the same manner as indicated in the column of “payment” in attached Form 2 (hereinafter “instant payment statement”) from July 1, 2018 to May 18, 2012.
F. The Defendants shared consultations around August 31, 2012.
G. From September 13, 2017, the Plaintiff claimed Defendant C to perform the instant loans Nos. 1 and 2.
[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1, 2, and 3, fact-finding on the FF association's notification point of October 23, 2018 by the court of first instance, result of fact-finding on the G association's notification point of October 23, 2018 by the court of first instance, result of fact-finding on the G association of January 25, 2019 by the court of first instance, result of the order to submit financial transaction information to He Co., Ltd. of June 8, 2018
2. Determination as to the claim against Defendant C
A. The plaintiff's assertion 1) The plaintiff lent 50 million won to the defendant C on July 25, 2006. On January 15, 2008, the plaintiff agreed to settle each of the above loans and set the total amount of 300 million won at 3% on May 31, 2008 and 3% on interest after the due date.
Since then, Defendant C has interest on the above loan.