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.
The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except for adding the judgment as set forth in paragraph (2) below, and thus citing this case in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The Plaintiff asserts that the Defendant lent KRW 80 million to the Defendant on October 15, 2009 upon contact by telephone from the Defendant, but there is no evidence to verify that there was a loan transaction between the Plaintiff and the Defendant, such as the loan certificate and the details of remittance. On October 15, 2009, the Plaintiff’s assertion that the KRW 76 million transferred to the Defendant bank account in the name of the Plaintiff immediately after the transfer to the account in the name of one bank managed by D on October 15, 2009 would back to the Defendant after the first instance court followed the Defendant’s order to submit a large number of financial transaction information, and that the Defendant received or used the money, but it was not confirmed that the Defendant received or used the money.
In light of the fact that the financial transactions as above are not consistent with the Plaintiff’s assertion, and comprehensively taking account of the respective descriptions of the evidence Nos. 4-2 and 5-2 of the evidence Nos. 4-2, as well as the fact that, on Oct. 5, 2009, the F account was transferred from the F account to E one bank account, to the E one bank account, and that there was another financial transaction between F and D, such as transfer of the sum of KRW 30,840,000 to the new bank account, the sum of KRW 30,0840,000,000,000,000,000 won, etc., the Defendant cannot be recognized as credibility in the testimony of the witness of the first instance trial, which seems consistent with the Plaintiff’s assertion, such as that the Defendant requested to send money with a specific name of F account, and there is no other evidence to acknowledge
The conclusion of the plaintiff's claim shall be dismissed as it is without merit. Since the conclusion of the judgment of the court of first instance is reasonable, the plaintiff's appeal is dismissed. It is so decided as per Disposition.