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 Plaintiff’s assertion: (a) received a simple request from the Defendant to repay money on March 15, 2018; (b) borrowed money from the Defendant to the Defendant on January 8, 2018; and (c) lent money from the Defendant to the Defendant from the account of HA to the Defendant; and (d) lent KRW 20 million in total by having the Defendant search for it on October 10, 2018, by having the Defendant receive KRW 4 million from the D and the convenience store; and (c) lending KRW 10 million on February 22, 2018, from the account of HA to the account of E known and known to the Defendant.
2. Determination
A. On January 8, 2018, the fact that the Plaintiff transferred KRW 6 million to the Defendant through the deposit account of the ASEAN on January 8, 2018 is that there is no dispute between the parties, or that it is recognized by Gap evidence 1-1 and witness C’s testimony.
However, in light of the following circumstances, each of the above evidence or evidence Nos. 2, 3, and 4 (including each number), and testimony of witness F of the first instance trial alone is insufficient to recognize that the above 6 million won was the money that the Plaintiff lent to the Defendant, and there is no other evidence to recognize it (the Plaintiff did not file an additional application for witness to the other parties concerned except for A in the appellate trial). The Plaintiff’s assertion on this part is without merit.
① The Defendant, at the time of the Plaintiff’s gambling, received the Plaintiff’s gambling money from the Defendant’s account at the Plaintiff’s request during the process of running the said money, and then transferred KRW 3 million to G according to the Plaintiff’s instruction, and the remaining KRW 3 million was withdrawn in cash and paid to the Plaintiff.
In fact, the Defendant received remittance of the above KRW 6 million and transferred KRW 3 million to G after approximately two hours, and there is a specification of transactions in which KRW 4 million was withdrawn in cash.
② The Plaintiff received a request from G on December 22, 2017, around twenty (20) days prior to the said remittance, and from another account used by the Plaintiff, KRW 12 million to G.