대여금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.
1. The scope of the judgment in this Court was wholly dismissed by the Plaintiff’s claim for the loan at the first instance court. Since the Plaintiff appealed from the part against the Plaintiff corresponding to KRW 400,00 and damages for delay, the scope of the judgment in the original instance is limited to this part.
2. Basic facts
A. On October 8, 2009, the Plaintiff lent KRW 5,000,00 to the Defendant.
B. On September 2, 201, the Defendant remitted KRW 3,600,000, totaling KRW 1,500,000 to the Plaintiff’s account under the name of the Plaintiff, and KRW 2,00,000,00 on September 30, 201, and KRW 100,000 on December 4, 2015, respectively.
C. C transferred KRW 1,00,000, totaling KRW 700,000 on April 25, 2016, and KRW 300,000 on May 20, 2016 to the Plaintiff’s account under the Plaintiff’s name.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, Eul evidence Nos. 4 through 6, the purport of the whole pleadings
3. The assertion and judgment
A. The plaintiff asserts that since the plaintiff lent KRW 5,00,000 to the defendant and received KRW 4,600,000,000, the defendant should pay the loan that was not paid to the plaintiff and the delayed payment amounting to KRW 400,000.
On December 7, 2015, the defendant asserted that the loan that the plaintiff paid to the defendant on December 7, 2015 was KRW 1,250,000, and thereafter, the defendant paid KRW 250,000 in cash to the plaintiff on January 1, 2016, and KRW 1,00,000 in cash to the plaintiff on behalf of the defendant.
B. According to the reasoning of the evidence Nos. 1 and 3, the Plaintiff sent the Kakakao Stockholm message to the effect that the loans that the Defendant had not paid to the Defendant on December 7, 2015 were KRW 1,250,000, and D transferred five times each time around February 2, 2016 to the Plaintiff, and the Plaintiff did not raise any objection to the Plaintiff, who sent the Kakao Stockholm message to the effect that the Defendant would be responsible for the transfer of the money, but, on the other hand, the following circumstances, which are acknowledged by each of the above evidence, evidence Nos. 5 and 7 evidence, and the purport of the entire pleadings, are as follows.