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1. The appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
judgment of the first instance.
Reasons
1. The fact that a total of KRW 112.5 million was remitted from June 23, 2014 to the account under the name of the defendant from June 23, 2014 to August 25, 2017, from the account under the name of the plaintiff (New Bank C and National Bank D) to the account under the name of the defendant, may be recognized by the statement of evidence No. 1, unless there is any dispute between the parties or by the statement of evidence No. 1, and there is no evidence that obstructs the transfer.
2. A determination on the Plaintiff’s claim (1) provides that the Plaintiff shall pay KRW 10 million as of November 25, 2014, KRW 15 million as of December 20, 2014, KRW 30 million as of January 22, 2015, KRW 5 million as of January 22, 2015, KRW 30 million as of August 12, 2014, KRW 5 million as of August 21, 2014, KRW 3 million as of August 21, 2014, KRW 6 million as of June 11, 2015, KRW 7 million as of June 2, 2015, KRW 300,000, KRW 4 million as of June 25, 2015, KRW 300,0000, KRW 7 million as of June 25, 2015, KRW 4 million as of each of the Defendant’s respective claim for damages.
As to this, the defendant asserted that he only received the above money from the plaintiff under the pretext of living expenses, etc. while teaching with the plaintiff.
(2) Therefore, as a result of the examination of the plaintiff himself/herself by the court of first instance, it is insufficient to recognize the fact that the plaintiff is a loan of KRW 70 million, which is alleged by the plaintiff, and there is no other evidence to acknowledge it.
(3) Rather, according to the overall purport of the statements and arguments in Eul evidence Nos. 10 and 18, ① there is no disposal document supporting that the money transferred by the plaintiff to the defendant, such as a loan certificate, was a loan, and ② the plaintiff filed a criminal complaint with the defendant two times through the defendant for fraud (the above amount of KRW 30 million and KRW 40 million in the name of the loan for accommodation sharing business).