1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. The parties' assertion

A. Upon the request of the Plaintiff, the Plaintiff lent to the Defendant each amounting to KRW 5 million on January 22, 2015, and KRW 10 million on February 27, 2015 by cash or check.

In addition, on March 19, 2015, the Plaintiff lent a total of KRW 4.910,000 to the Defendant on March 19, 2015, by paying the Plaintiff’s credit card or paying in cash the fees, etc., on the ground that the Defendant’s purchase fund for the second

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 19.1 million (= KRW 5 million per KRW 4.91 million) and damages for delay.

B. Although it was true that the Defendant borrowed KRW 5 million from the Plaintiff on January 22, 2015, and KRW 10 million on February 27, 2015, the Defendant repaid all of the said money thereafter, and there was no fact of borrowing KRW 4910,000 on March 19, 2015.

2. Determination as to the cause of action

A. The fact that the Plaintiff lent KRW 5 million to the Defendant on January 22, 2015, and KRW 10 million on February 27, 2015, without setting the due date and interest, does not conflict between the parties.

Therefore, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the total amount of KRW 15 million (=5 million) and damages for delay.

B. The Plaintiff asserted that not only the said money but also the Defendant lent KRW 4.91 million to the Defendant on March 19, 2015, but also each statement in Gap evidence Nos. 3, 4, and 5 (including a serial number) is insufficient to recognize the said lending, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim for this part is without merit.

3. On January 22, 2015 and February 27, 2015, the loan certificate prepared between the Plaintiff and the Defendant on the Defendant’s defense contains the Plaintiff’s self-written statement on the full payment on May 27, 2015, and three million won to the Defendant for the repayment of the loan borrowed on January 22, 2015.