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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.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion that around May 2012, the Plaintiff lent KRW 5 million to the Defendant, and completed the loan certificate (No. A. 1; hereinafter “the loan certificate of this case”) from the Defendant. The Defendant did not pay the Plaintiff the above loan amount of KRW 5 million. The Defendant is obligated to pay the Plaintiff KRW 5 million and delay damages.
B. The Defendant asserted that the Plaintiff and the Plaintiff’s spouse were working as an employee of the restaurant (hereinafter “instant restaurant”) operated in the name of “D”, and borrowed KRW 200 million on December 3, 201 through C, and KRW 3 million on February 23, 2012. On or around May 2012, the Plaintiff received a request from the Plaintiff to prepare a loan certificate of KRW 5 million on the said loan certificate from the Plaintiff and did not borrow an additional KRW 5 million from the Plaintiff around May 2012. As such, the Defendant repaid KRW 3 million on January 24, 2013 among the borrowed loan amount of KRW 5 million, and the remainder of KRW 2 million to the Defendant cannot be paid to the Defendant in compliance with each of the Plaintiff’s claims.
2. According to the health certificate and evidence No. 1 as to whether the Plaintiff additionally lent KRW 5 million to the Defendant, in addition to the loan amount of KRW 2 million on December 3, 2011, and KRW 3 million on February 23, 2012, which the Plaintiff was the Defendant, around May 201, in addition to the loan amount of KRW 5 million on or around February 23, 2012, the Defendant prepared and issued the certificate of borrowing KRW 5 million on May 11, 2012, the following facts are acknowledged. Meanwhile, it is recognized that the Defendant: (a) issued the certificate of borrowing KRW 1; (b) evidence No. 1; (c) evidence No. 2 through No. 1, No. 2 through No. 9, No. 1314, No. 16, 17, and 19; (d) the national bank at the first instance court; and (e) the submission of each order to provide financial transaction information to the Defendant;