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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Summary of the parties' arguments;
A. The Plaintiff leased the Plaintiff KRW 10,000,000 to the Defendant on July 20, 201, and KRW 20,000,000 on July 28, 201 without having agreed on the interest and the due date for payment. As such, the Defendant is obligated to pay the Plaintiff a total of KRW 30,000,000 and delay damages.
B. It was true that the Plaintiff transferred a total of KRW 30,000,000 to the Defendant’s deposit account. However, the Plaintiff transferred the money that the Plaintiff settled between C and the custodian of the PC operated by the Plaintiff to the Defendant’s deposit account at C’s request. As such, the Defendant did not borrow the above KRW 30,000,000 from the Plaintiff.
2. Determination
A. Even if there is no dispute between the parties as to the fact that there is a receipt of money between the parties, the cause of the receipt by the plaintiff is a loan for consumption, and if the defendant contests the cause, it must be proved by the plaintiff that it was received due to the loan for consumption.
(See Supreme Court Decision 72Da221 delivered on December 12, 1972). B.
Based on the above legal principles, the Plaintiff borrowed KRW 100,00,000 from the Defendant’s deposit account, KRW 30,000,000 from July 20, 201, and KRW 20,000 from July 28, 2011, there is no dispute between the parties. Furthermore, considering the overall purport of the pleadings, the Plaintiff, upon introduction by the Defendant around July 201, borrowed KRW 10,00,00 for operating funds of the PC bank operated by the Plaintiff at the time of the Defendant’s friendship D, and paid KRW 30,00,00,00 from the borrowed money to the Defendant by account transfer as above; ② the Defendant received KRW 30,00,000 from the Plaintiff around the payment of KRW 30,00,00 from the Plaintiff and KRW 300,00,00,000 from the above dance on July 28, 201; and the Defendant started to operate the Plaintiff’s dance on the date of 0000,000.