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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On August 29, 2013, the Plaintiff and the Defendant drafted each letter of August 29, 2013 (hereinafter “each letter of this case”) with the content to be mutually performed, and the main contents are as follows.
A Party B (Defendant) shall:
3. A million won (Won 2,000,000) shall be deposited every month at living expenses.
4. Ownership interest rates of private taxis shall be jointly held.
A (the plaintiff) shall implement the following:
1. It does not refer to all the past history B.
4. If Party B does not comply with the foregoing, it shall comply with any requirement in good faith.
B. From the bank account (Account Number D), KRW 10 million was transferred from September 3, 2013 to C (E), KRW 30 million on September 10, 2013, and KRW 28.7 million on September 13, 2013, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion is that, around 2013, the Defendant and the Defendant were dead, and the Defendant did not live together with the Defendant, and thus, the Defendant would incur approximately KRW 90,000,000,000, which the Defendant had paid to the Defendant while living together with the Defendant to purchase his/her personal taxi at the Plaintiff’s domicile. The Plaintiff asked the Defendant to borrow and borrow the remainder of KRW 40,000,000,000.
Accordingly, the Plaintiff received each of the instant notes from the Defendant and deposited KRW 10 million on September 3, 2013, KRW 30 million on September 10, 2013, KRW 68.7 million on September 13, 2013, and KRW 68.7 million on September 13, 2013 into C’s account, thereby lending KRW 68.7 million to the Defendant. The Plaintiff received reimbursement from the Defendant and received KRW 28.7 million from the Defendant, and the balance of the loan currently exceeds KRW 40 million.
Therefore, the defendant is obligated to pay to the plaintiff the balance of the loan amounting to KRW 40 million and delay damages.
3. First of all, we examine whether the Plaintiff lent KRW 68.7 million to the Defendant, and examine whether the above basic facts and the evidence as mentioned above are stated in the evidence Nos. 5 through 9.