대여금
1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
1. Basic facts
A. On February 18, 2014, the Defendant: (a) purchased 13 pine trees from C in the amount of KRW 65 million; (b) drafted a sales contract stating that the down payment shall be paid on the date of the contract, and the intermediate payment shall be paid by March 10, 2014; and (c) the remainder shall be paid by the end of March 2014.
B. The Defendant received KRW 10 million from the Plaintiff to the bank account under the Defendant’s name on March 12, 2014, and KRW 8 million from the Defendant’s spouse D’s account on March 14, 2014, respectively. On March 14, 2014, the Defendant remitted KRW 20 million to C as the purchase price of pine trees.
C. On the other hand, on January 20, 2015, the Defendant stated to the effect that, at the time of undergoing the police investigation as a witness in the instant case and the separate criminal case, the Defendant deposited KRW 20 million from the Plaintiff to the effect that the Plaintiff borrowed money from the Plaintiff for the purchase of pine trees. The Plaintiff lent money KRW 20 million to the Plaintiff.
【Ground for recognition】 Evidence Nos. 1, 2, 2-1, and 2-2, the purport of the whole pleadings
2. In light of the following facts and circumstances, it is reasonable to deem that the Plaintiff lent KRW 20 million to the Defendant in consideration of the aforementioned basic facts, Gap evidence 2, Eul evidence 2-2, and Eul evidence 2-3, which can be acknowledged by comprehensively considering the purport of the entire pleadings. As such, the Defendant is obliged to pay the Plaintiff the above KRW 20 million and its delay damages.
① The Defendant received KRW 10 million from the Plaintiff on March 12, 2014, and KRW 18 million on March 14, 2014, and received KRW 8 million on March 14, 2014, and paid KRW 20 million to C on March 14, 2014, which received KRW 8 million, as the purchase price for pine trees, from the Plaintiff, and from the investigative agency, borrowed KRW 20 million from the Plaintiff as the purchase price for pine trees. In light of the foregoing circumstances, it is reasonable to deem that the amount the Plaintiff paid to the Defendant is KRW 20 million.
② The Defendant shall pay the above KRW 20 million.