대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On November 2, 2007, the Plaintiff asserted that the Plaintiff lent KRW 5,000,000 to the Defendant without determining interest.
Therefore, the defendant is obligated to return the above loan amounting to the plaintiff KRW 5,000,000.
2. According to the records in Gap evidence No. 1, it can be acknowledged that the amount of KRW 5,000,000 was remitted from the plaintiff's account under the name of the defendant to the defendant's account on November 2, 2007. However, the above facts alone are insufficient to recognize the fact that the plaintiff lent the above KRW 5,00,000 to the defendant, and there is no other evidence to acknowledge it.
Rather, according to the statement No. 3-2 of the evidence No. 3-2 of this case, the plaintiff's punishment is recognized that C lent the above KRW 5,000,000 from the plaintiff to the defendant in a divorce lawsuit between C and the defendant, who is the defendant's husband, and the plaintiff transferred the above KRW 5,00,000 to the defendant's name account upon the plaintiff's request by C. In full view of these facts, it is reasonable to view that the plaintiff lent the above KRW 5,00,000 to C, who is not the defendant, and only remitted the above loans to the defendant's account under the name of the defendant.
Therefore, the plaintiff's assertion is without merit.
3. As such, the plaintiff's claim shall be dismissed as it is without merit. The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.