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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant is a person who engages in the business of selling and selling drillings by purchasing high-speed teas in mountainous districts and selling them in a village market, etc.
On July 1, 2008, 200 won - Defendant - 10,000 won on July 12, 2008, 2008; 1,050,000 won on July 1, 2008; 1,050,000 won on July 20, 2008; 1,50,000 won on July 30, 2008; 1,50,000 won on June 31, 2008; 1,000,000 won on June 31, 2008; 1,000; 1,000,000 won on June 1, 200, 200 on June 30, 200, 2008; 1,000 won on June 5, 2008;
B. From July 4, 2008 to November 16, 2010, there was the following financial transactions between the parties through the Plaintiff’s national bank, post office account, and the Defendant’s agricultural bank account:
(A) Of the money from partial account transfer details, the money additionally attached to the unit of 500 won is excluded from the transfer fee). 【No dispute exists, Gap’s 1, 2, Gap’s 3, 4, and 5-1, Eul’s 2-1, and Eul’s 2-2, the testimony of the witness of the first instance trial, and the purport of the whole pleadings.
2. On July 10, 200, KRW 10,000, KRW 1,500,000 on July 30, 2008, and KRW 16,100 on August 16, 2008, KRW 16,000 on September 2, 2008, KRW 16,00 on September 2, 2008, KRW 200,00 on December 24, 2008, KRW 60,000 on September 8, 200, KRW 200,00 on May 26, 200, KRW 18,76,000 on loan from the Plaintiff to the Defendant; and KRW 18,76,000 on loan from the Defendant, KRW 30,00 on September 26, 208, KRW 200 on loan of the Defendant; and KRW 18,76,008.
Therefore, the defendant is obliged to pay to the plaintiff KRW 16,166,00,00, which is the balance excluding this.
3. The above-mentioned facts and the statements of Gap evidence Nos. 1, 2, 3, 4, and 5 are as follows: Eul evidence No. 2 and the witness C of the first instance trial.