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 reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the rejection for the same reason as the Plaintiff’s testimony by a witness C, which is insufficient to recognize the fact of lending the Plaintiff’s assertion, and thus, this paper is cited in accordance with the main sentence of
【Reasons for rejection of the above testimony】 The summary of the witness C’s testimony at the trial court held that the Defendant made a notarial deed to C and borrowed KRW 2 million from the Plaintiff on May 13, 2008, which was before the day before the cycle was given, and the Defendant at that time stated that “the Plaintiff would pay KRW 32 million to the previous money.”
However, the following circumstances, which are acknowledged as comprehensively considering the overall purport of the pleadings in the evidence Nos. 2-1 and 5, namely, ① the loan Nos. 32 million won of the Plaintiff’s assertion, was paid to the seller as the sale price of the commercial building sold in the name of the Plaintiff around April 7, 2001, and the Defendant did not seem to have borrowed the above KRW 28 million. The Defendant did not have any reason to agree to pay KRW 32 million including the above KRW 28 million. ② The Defendant did not prepare and inform the Plaintiff of the notarial deed to pay KRW 32 million to the Plaintiff on May 14, 2008, even if the Plaintiff prepared the notarial deed to the witness C on May 14, 2008, on the ground that the 32 million won was not used as the loan No. 32 million won, ③ No. 15000,000 won before the Plaintiff’s testimony was made in the name of the Plaintiff’s 2.5 million won.