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. The Plaintiff asserted that the Plaintiff lent KRW 1.5% interest rate of KRW 10,00,000 to the Defendant on November 12, 2012 and KRW 1.5% on the due date and February 28, 2013. However, since the Defendant paid only interest until February 28, 2013, and did not pay the principal amount and delay damages after the due date, the Defendant is obligated to pay the Plaintiff the amount of KRW 10,00,000 and the delay damages from February 29, 2013.
2. According to the records in Gap evidence No. 2, it is recognized that the plaintiff deposited KRW 10,00,000 into the defendant's account on November 12, 2012.
However, according to the statements in Eul evidence Nos. 1 through 7, the plaintiff made a large number of monetary transactions with the defendant's Siberter, and C may recognize the fact that it used the defendant's husband's account D and the defendant's account due to bad credit standing before the defendant's death on June 16, 2013. In light of this, it is insufficient to recognize that the above 10,000,000 won was the money lent to the defendant by the plaintiff, and there is no other evidence to prove otherwise.
(C) In addition, the plaintiff asserts that the above KRW 10,00,000 was lent by himself to the defendant's account, not the defendant, and that at least the money was not lent to the defendant under the defendant's name, and the plaintiff's claim in this case is dismissed as it is without merit. Thus, the judgment of the court of first instance is just in this conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the court of first instance.