대여금
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
Purport of claim and appeal
(b).
1. Determination on the cause of the claim
A. In light of the following facts and circumstances, it is reasonable to view that the Plaintiff lent 4,0150,000 won to the Defendant without setting the due date and interest for repayment from March 14, 2007 to December 24, 2009, on the following grounds: (a) evidence Nos. 10,11, 13, and 13 evidence Nos. 1 and 11 (the evidence with a serial number includes a serial number).
① The Defendant recognizes the fact that the Plaintiff received a total of KRW 29 million from the Plaintiff from March 14, 2007 to December 24, 2009.
(W) On November 22, 2017, the Defendant asserts that the sum of KRW 1,150,000,000,000,000 from October 29, 2008 to November 5, 2008, and the sum of KRW 1,115,00,00,000 deposited into his/her own bank account on seven occasions from January 15, 2009 to December 24, 2009, is not the amount received from the Plaintiff, but the deposit of his/her own cash.
However, in full view of the fact that the above KRW 1.15 million was deposited into the Defendant’s account through the bank at which the Plaintiff was working, and most of the KRW 1,1150,000 deposited into the Defendant’s account was immediately transferred to C through the bank at which the Defendant was working. If the above money was owned by the Defendant as alleged by the Defendant, it would be difficult to view that the above KRW 1.155 million was the money received by the Defendant from the Plaintiff, contrary to the Defendant’s assertion.
② As to the above KRW 4,0150,00 that the Plaintiff sent to the Defendant, the fact that the Plaintiff and the Defendant did not prepare a disposal document, such as a separate loan certificate is recognized
However, at the time of receiving a request from the plaintiff and his wife for the repayment of debt, including the above 40,150,000 won, the defendant merely stated that the payment cannot be made on the premise that the above debt is recognized, or that the attitude of the plaintiff on the part of the plaintiff cannot be paid without mind.