대여금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
1. The Plaintiff asserts that a total of KRW 50,00,000 has been lent to the Defendant between July 6, 2012 and March 11, 2014, and that the Defendant borrowed KRW 20,000,000 from the Plaintiff on July 26, 2012, including KRW 10,000,000, and KRW 10,000,000, among them, from October 7, 2012 to April 26, 2013.
2. In full view of the following circumstances, it is reasonable to view that the Defendant borrowed KRW 50,00,000 from the Plaintiff, taking into account the following circumstances, which can be known by the respective descriptions of evidence Nos. 1 through 6 and the purport of the entire pleadings.
① On July 26, 2012, the Defendant prepared a certificate of borrowing (Evidence A 3) with the Plaintiff as of March 26, 2013, the due date for repayment of which is KRW 10,000,000, and the due date for repayment of which is March 26, 2013; and written a certificate of borrowing (Evidence A 1) with the due date as of March 26, 2013, the due date for repayment of which is KRW 40,00,000 and the due date for repayment of which is May 12, 2015.
② In light of the fact that the Defendant remitted 8,00,000 won to the Plaintiff between September 7, 2012 and April 26, 2013, the Defendant agreed to pay the principal and dividends on July 26, 2012 between the Plaintiff and the Defendant (Evidence A 3) in the amount of remittance, the time and method of remittance, and the loan certificate (Evidence A) between the Plaintiff and the Defendant, the payment date: March 26, 2013; and the “payment of the principal and dividends on March 26, 2013,” it appears that the said loan certificate was paid as interest or dividends as indicated therein.
③ Upon receiving a demand from the Plaintiff to repay KRW 50,000,000 from the Plaintiff, the Defendant sent a text message stating that “I am still unfortunate and unfortunate, I am called “I am am able to talk without the mold”, “I am see to the highest extent I am am 22 days before the end of the report.” The content of the text message seems to have changed on the premise that I am 50,000,000 won was liable to the Plaintiff for the debt amounting to KRW 50,000 against the Plaintiff.”
3. Therefore, the Defendant is liable to pay the Plaintiff KRW 50,000,000 and the first instance court among the amounts.