beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The parties' assertion
A. On January 18, 2008, the Plaintiff asserted that the Plaintiff lent KRW 30,000,000 to the Defendant for a three-month period.
Therefore, the Defendant is obligated to pay the Plaintiff the above loans KRW 30,000,000 and damages for delay.
B. Although the defendant alleged that he received KRW 30,000,000 from the plaintiff on January 18, 2008, the defendant did not borrow it as investment money.
2. According to the records of evidence Nos. 1 and 2, it is recognized that the Plaintiff remitted KRW 30,000,000 to the Defendant using the Plaintiff’s account under the Plaintiff’s name C on January 18, 208.
Furthermore, comprehensively considering the following circumstances as to whether the above KRW 30,00,000 transferred by the Plaintiff to the Defendant was lent to the Defendant, the possibility that the Plaintiff would have paid KRW 30,000,000 to the Defendant on January 18, 2008 as investment deposits is difficult to easily avoid the possibility that the Plaintiff would have paid KRW 30,000 to the Defendant on January 18, 2008. Ultimately, it is difficult to believe that the written confirmation (Evidence A7) of the F (the birth of the Plaintiff) that conforms to the Plaintiff’s assertion was insufficient, and the other evidence alone submitted by the Plaintiff is difficult to readily conclude that the Plaintiff lent KRW 30,00,000 to the Defendant on January 18, 2008, and there is no other evidence to acknowledge this otherwise.
① From April 2006 to the time when the Plaintiff remitted the above KRW 30,000,000, the Plaintiff paid approximately KRW 100,000 to the Defendant on several occasions under the name of the purchase price or investment money for the apartment of a regional housing association.
② On January 18, 2008, the Plaintiff transferred KRW 30,000,00 to the Defendant on January 18, 2008, but did not receive any loan certificate, etc. from the Defendant and did not receive any interest. There is no reason to view the above KRW 30,00,000 and the status of union members or the purchase price or the investment amount paid before.
③ Moreover, the Defendant is KRW 30,000,000 from the Plaintiff on January 18, 2008.