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1. Of the judgment of the first instance, the part against the defendant ordering payment in excess of the following portions:
Reasons
1. Basic facts
A. On January 13, 201, from around 15:48 to 15:54, a sum of KRW 6,000,000 was withdrawn in cash from the Plaintiff’s bank account (Account Number D) on six occasions between the cash withdrawal machines located in Gwangjin-gu Seoul Special Metropolitan City.
B. From 16:07 to 16:17 of the same day, KRW 12,00,000 was remitted from the Plaintiff’s deposit account to the Defendant’s deposit account.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff met the Defendant on January 13, 201, and that the Defendant lent KRW 12,000,000 to the revenue of the building owned by himself as necessary to return the key money for lease on a deposit basis.
Therefore, the Plaintiff issued the Plaintiff’s cash card to the Defendant, using this, withdrawn KRW 6,00,000 from the cash withdrawal machine in Gwangjin-gu Seoul Special Metropolitan City, and transferred KRW 12,00,000 from the Plaintiff’s deposit account to the Defendant’s deposit account.
As a result, the Plaintiff loaned a total of KRW 18,00,000 to the Defendant, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 18,00,000,000 and the damages for delay.
B. The defendant's assertion that he did not receive 6,000,000 won in cash from the plaintiff.
However, on January 13, 201, the Plaintiff received KRW 12,00,000 from the Defendant’s deposit account to the Defendant’s deposit account. However, at the time, the Defendant held KRW 14,00,000 in total as the closing of the right of KRW 12,00,000,000, but the Plaintiff required KRW 12,000 as the closing of the right of KRW 12,00,000, and the Plaintiff would have deposited the same amount as the Defendant’s account if he/she had to do so. However, the Plaintiff did not borrow the same amount after delivering KRW 12,00,000 to the Plaintiff as the closing of the right of KRW 12,00,000.
3. Determination
A. Determination on the assertion of 6,00,000 won in cash, the Plaintiff’s withdrawal of KRW 6,000,000 in cash only with the statement of Gap evidence No. 1.