대여금
1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. The costs of appeal and the incidental costs thereof shall be individually considered.
1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of “the part added by the court of first instance” under paragraph (2) as stated in the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420
2. The part of the judgment of the court of first instance added to the trial shall be added following the following: (a) Nos. 1 and 2 of the judgment of the court of first instance, “the plaintiff’s assertion within the scope of the above recognition is reasonable
The plaintiff's assertion made on January 29, 2010 that the plaintiff did not borrow KRW 100,000,000 from the defendant, and that the plaintiff borrowed KRW 100,000 from D on January 29, 2010, but the court of first instance did not dispute that "the plaintiff borrowed KRW 100,000,000 from the defendant on January 29, 2010, the confession is against the truth and is by mistake, and thus it is revoked.
In light of the following facts: (a) the Plaintiff made a statement in the preparatory document as of July 15, 2016 from the date of pleading on July 13, 2016 of the first instance trial to the effect that “the Plaintiff borrowed KRW 100,000,000 from the Defendant on January 29, 2010; and (b) the Plaintiff’s assertion that “The Plaintiff borrowed KRW 100,000 from the Defendant on January 29, 2010” is apparent in the record; and (c) the overall purport of the pleadings is recognized by comprehensively taking into account the following facts: (a) the statement in the evidence No. 19 alone is insufficient to acknowledge that the confession was against the truth and due to mistake; and (d) there is no evidence to acknowledge otherwise, the Plaintiff’s assertion is without merit.
(1) The receipt without passbook (No. 1-2) shall be indicated as a remittance of KRW 100,000,000 to the account under the name of H (Plaintiff’s wife) on January 29, 2010.
② The Defendant’s monetary withdrawal payment (No. 8-1) and the president of each account (No. 11) stated that the Defendant lent KRW 100,000,000 to the Plaintiff on January 29, 2010.
(3) A certified tax accountant shall make a tax adjustment invoice (Evidence A 19) of the corporate tax year 2010 by the defendant, and the defendant on January 29, 2010 by the defendant.