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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
The first instance court.
Reasons
1. The reasons why this Court shall explain this part of the facts of recognition are as follows: (a) in addition to the fact that “I” in Part 3 of the Judgment of the court of first instance is deemed as “I” in Part 8 of the Judgment; (b) it is identical to the corresponding part of the reasoning of the judgment of the court of first instance; and (c) therefore, it is acceptable in accordance with the main sentence
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion was that the Plaintiff received KRW 40 million from the deceased H or I on July 20, 199 (hereinafter “the first loan”). However, around December 7, 2009, the Plaintiff received only a loan of KRW 40 million from I on January 5, 2007 (hereinafter “the second loan”). As such, the Defendants, the heir of the deceased H, are liable to repay the first loan to the Plaintiff.
B. The key issue of the instant case is whether the first loan has been repaid, and the Defendants received the evidence No. B’s receipt: the Plaintiff received KRW 40 million on December 7, 200 in the envelope of the Jan cargo transportation company.
‘Writtenly recorded' and delivered to the network H.
Based on the facts, the Plaintiff asserted that the first loan was repaid on December 7, 2000. Accordingly, the Plaintiff asserted that the second loan was paid on December 7, 2009 and the second loan was written on December 7, 2009 by the Plaintiff to the network H.
In other words, the following circumstances revealed by the evidence as seen earlier, i.e., (i) the net H disposed of the house it had at around December 7, 200 and received KRW 40 million as the down payment, and (ii) the Plaintiff agreed to dispose of the secondary loan debt to the net H on December 30, 2009, and provided only KRW 160 million as the repayment of the existing secondary loan debt, in some of the loan, there is no dispute between the parties concerned; and (iii) the date on which the second loan was repaid is repaid is paid, but at a time prior to December 27, 2009, the date on which the second loan was repaid.