The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

1. The Plaintiff asserted that, on April 8, 2017, the Plaintiff remitted KRW 75,000 to the Defendant, paid KRW 75,000 for the import certification cost on the date of non-payment in cash, and remitted KRW 925,00 on July 4, 2017, the total sum of KRW 3 million was leased to the Defendant, and thus, the Defendant should pay the Plaintiff the said KRW 3 million and the damages for delay.

The defendant did not borrow the said money from the plaintiff, but the defendant suffered loss of the down payment amounting to KRW 10 million in the real estate contract that the defendant concluded with the plaintiff, the plaintiff promised to compensate the defendant for the said KRW 10 million, and accordingly, paid some money as above.

2. It seems that the Defendant did not dispute that the Plaintiff received the above three million won payment from the Plaintiff.

Furthermore, the Plaintiff proves that the above KRW 3 million is “loan” and then examines whether there is any evidence corresponding thereto.

First, as to Gap's evidence 4, the defendant acknowledged the establishment of the defendant's part, but it appears that the defendant made the above documents by editing part of other documents, and there is no original document, and it is sufficiently doubtful that Gap's evidence 4 is related to the form and content that cannot be viewed as ordinary loan certificate or loan evidence.

Therefore, it is difficult to recognize the evidence value of No. 4.

In addition, there is no other evidence to prove that the above KRW 3 million is a loan.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion shall be dismissed for the reason that it is reasonable, and the judgment of the first instance is just, and the plaintiff's appeal is dismissed for the reason that it is not reasonable.