1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The parties' assertion

A. The Plaintiff, on four occasions, lent a total of KRW 2.65 million to the Defendant on July 11, 2014.

Therefore, the defendant is obligated to pay to the plaintiff the sum of the above borrowed money 2.65 million won and damages for delay.

B. Although the Defendant received money four times from the Plaintiff, it does not mean that the Defendant borrowed money from the Plaintiff.

2. In full view of the facts without any dispute over judgment, and the purport of the entire arguments in the statements in Gap evidence 7-1, 2, 8, 9, and Eul evidence Nos. 4, the fact that the plaintiff, as a whole, remitted to the defendant, KRW 1,00,000,000 on June 17, 2014, KRW 50,000 on June 19, 2014, and KRW 4,000 on June 25, 2014 to the deposit account in the defendant’s name, and that the plaintiff paid KRW 2,550,000 (hereinafter referred to as “the money of this case”) on July 14, 2014.

The plaintiff's assertion on the delivery date of KRW 750,000 in cash is not consistent on July 2, 2014 or July 14, 2014.

However, in light of the following: (a) the Plaintiff appears to have stated that “the Defendant delivered KRW 7.50,000 to the Defendant on July 14, 2014” in the course of the investigation into the case against the Defendant, including fraud (Evidence 4); (b) the Plaintiff submitted to the Defendant a document (Evidence 9) stating that “the Defendant delivered cash of KRW 7.550,000 to the Defendant on July 14, 2014”; and (c) the Defendant also stated that the Defendant was given cash from the Defendant on July 2014, it is reasonable to deem the date of cash delivery as July 14, 2014.

However, the following facts and circumstances, which can be recognized by comprehensively taking account of the developments leading up to the payment of the instant money and the respective descriptions of the evidence Nos. 4 through 6, namely, ① the Plaintiff loaned KRW 7,50,000 to the Defendant in the course of the investigation of the accused case, such as fraud against the Defendant with respect to the payment of the instant money that was carried out by the Plaintiff’s complaint.