beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Comprehensively taking account of the purport (including a fact that there is no dispute) of the entire pleadings in the written evidence Nos. 1 through 21 of the basic facts, the Plaintiff may recognize the fact that, as shown in the attached Table Nos. 1 from August 21, 2012 to May 30, 2014, the Plaintiff repaid the Defendant’s debt to the Defendant’s obligee C, or remitted the money to the Defendant (excluding the money No. 10,11 in order), as shown in the attached Table No. 1, the sum reaches KRW 88,60,000 (hereinafter “the payment of this case”) as shown in the attached Table No. 1.
2. The plaintiff asserts that the plaintiff has a duty to pay 8,60,000 won (=8,600,000 won - 5,000,000 won) remaining after subtracting the total amount of KRW 5,00,000 that the defendant has already paid to the plaintiff from KRW 88,60,000,00, as the plaintiff lent the payment of this case to the defendant at the defendant's request.
In regard to this, the defendant asserted that the payment of this case was only a donation to the defendant under the pretext of communal living expenses, etc., and the defendant did not bear the obligation to return the payment of this case against the plaintiff, since it did not lend it to the defendant.
3. Determination
A. Therefore, the following facts or circumstances can be acknowledged by the purport of each entry and the entire pleading of evidence Nos. 22 through 28, 42, 43, 46, 49, and 50 (including each number), namely, ① the Defendant appears to have settled the payment by using the credit card in the Plaintiff’s name, as it is not good economic circumstances during the period when the Plaintiff was in school with the Plaintiff, a substantial portion of the expenses of transfer, etc. consumed in the course of school affairs is deemed to have been settled by using the credit card in the Plaintiff’s name. The instant payment claimed by the Plaintiff as a loan to the Defendant does not include the expenses of transfer, etc. borne by the Plaintiff as above, but is a large number of examination of the details of the instant payment.