대여금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
judgment of the first instance.
1. On September 9, 201, the Plaintiff asserted that the Plaintiff lent KRW 25 million to the Defendant, but the Defendant did not pay that amount.
Therefore, the defendant is obligated to pay the above KRW 25 million to the plaintiff and its delay damages.
2. On the Plaintiff’s assertion that the Defendant lent the judgment money, the burden of proof as to the fact of the lending is asserted against the Plaintiff.
(2) According to the overall purport of the statement and pleading by the Plaintiff, the Plaintiff: (a) is deemed to have transferred KRW 25 million to the Defendant’s account on September 9, 2011; (b) the Defendant asserted that the Plaintiff, who worked together with the Plaintiff, paid the construction cost to the Defendant on behalf of the Plaintiff; and (c) the Plaintiff appears to have not prepared a documentary loan; (b) the Plaintiff’s text of text message (Evidence No. 3) stating that the Defendant was sent to the effect that the loan was borrowed by the Defendant; and (c) the Plaintiff did not appear to have acknowledged the fact of borrowing the loan as alleged by the Plaintiff; and (d) the Plaintiff did not demand the Defendant to pay the loan amount of KRW 25 million to the Defendant on behalf of the Plaintiff, despite the lapse of 7 years from the above remittance date, the Plaintiff did not appear to have presented the loan amount of KRW 5 million to the Defendant, as alleged by the Plaintiff; and (d) the Plaintiff did not demand the Plaintiff to pay the loan amount of KRW 25 million to the Plaintiff.