대여금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. According to the records on the legitimacy of the appeal for subsequent completion, the defendant's appeal for subsequent completion is lawful, since it is recognized that the documents of lawsuit, including a duplicate of the complaint of the first instance, and the original copy of the judgment, were served to the defendant by means of service by public notice, and the defendant was not aware of the fact that the lawsuit of this case and the judgment of the court of first instance were submitted within two weeks after becoming aware of such fact.
2. Facts of recognition;
A. On June 2013, the Plaintiff and C obtained a loan of an amount equivalent to 27 billion won and intended to purchase E forest land E 701,984 square meters (hereinafter “instant land”) in Seosan-si owned by D and to create a housing site.
B. On July 20, 2013, the Plaintiff issued a written consent for land use in the name of C, stating that “A person shall be entrusted with all affairs related to the secured loan, collection of soil and rocks, supply of soil and rocks, and adjustment of the site regarding the instant land,” and that “A person shall be entrusted with all affairs related to the collection of soil and rocks, supply of soil and rocks, and adjustment of the site regarding the instant land,” which was known to the Defendant through F, and that “A person shall consent to the G Bank and H.”
C. On July 27, 2013, the Plaintiff paid KRW 3 million to the Defendant for expenses incurred in lending the instant land purchase fund.
Since then, the Defendant prepared a business plan to create a recreational forest on the instant land and introduced directly to the Plaintiff a person who would lend the instant land purchase fund, but eventually did not lend the instant land purchase fund.
[Ground of recognition] The fact that there is no dispute, Gap Nos. 1, 10, Eul No. 2, 3, 4, 8, 9, and 10, and the purport of the whole pleadings
3. The parties' assertion
A. The Plaintiff’s ground of the Plaintiff’s claim is that the Defendant promised to provide the purchase fund of the instant land with the land through the land owner within one month, and the Plaintiff demanded expenses on July 27, 2013.