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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 December 28, 2005, upon receipt of a request from the Defendant residing in Germany to lend money from the Defendant, the Plaintiff asserted that he remitted KRW 10 million to the Defendant’s Dong C, and on December 28, 2005, the Plaintiff loaned each of the above money to the Defendant on October 24, 2005 by means of payment in cash to the F Licensed Real Estate Agent G in lieu of cash.
Therefore, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 17.7 million (= KRW 7.7 million).
B. The Defendant asserted that the Defendant purchased each of the instant lands through the introduction of the Plaintiff’s type H residing in Germany, and paid all of the purchase price to the said H by Han and emulation. The Defendant offered to H, who was scheduled to return to Korea, a cash payment of KRW 25,000 on December 21, 2005, and asked C to settle the purchase price of each of the instant lands and transfer KRW 10 million to C.
In other words, the plaintiff remitted part of the 250 million Won paid by the defendant to H in the name of H to C, which is the defendant's birth, and the defendant requested the plaintiff to pay for the remaining amount, etc. related to the purchase and sale of each land of this case. Thus, the defendant is not obligated to pay to the plaintiff KRW 17.7 million.
2. Determination
A. According to the statement in Gap evidence No. 1, the judgment on the claim for KRW 10 million paid to C, it is recognized that the transfer of KRW 10 million from the account in the name of the plaintiff I on December 28, 2005 to C from the account in the name of the plaintiff I on December 28, 2005.
However, the above facts or the evidence presented by the Plaintiff alone are insufficient to recognize the fact that the Plaintiff lent the above KRW 10 million to the Defendant by receiving a request from the Defendant to lend money from the Defendant and paying KRW 10 million to C, and there is no other evidence to acknowledge it.
Rather, according to Gap evidence No. 1, it is stipulated.