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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. On December 201, the Plaintiff was introduced by the Defendant who operates a sports center by a branchr around December 201.
B. Since then, the Plaintiff remitted to the Defendant’s account the amount of KRW 10 million on January 19, 2012, KRW 10 million on October 31, 2012, and KRW 5 million on December 18, 2012. The Defendant remitted KRW 10 million to the Plaintiff’s account on May 23, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. On January 19, 2012, the Plaintiff lent to the Defendant a total of KRW 10 million on October 31, 2012, KRW 25 million on December 18, 2012, and KRW 25 million on December 18, 2012. Since then, the Defendant repaid only KRW 10 million on May 23, 2014.
Therefore, the defendant is obligated to pay to the plaintiff the balance of the loan 15 million won and damages for delay.
B. The Plaintiff’s remittance of KRW 10 million to the Defendant on January 19, 2012 is not a loan, and the amount of KRW 5 million remitted on December 18, 2012 is merely the Plaintiff received and delivered the money that C has to pay to the Defendant.
However, on October 31, 2012, the Plaintiff remitted 10 million won to the Defendant is adequate for loans. The Defendant repaid the said money to the Plaintiff on May 23, 2014.
Therefore, the plaintiff cannot respond to the request.
3. Determination
A. In light of the following circumstances, it is reasonable to view that: (a) around January 19, 2012, 10,000 won was a loan; and (b) whether there is no dispute between the parties or considering the overall purport of the pleadings in the statement in subparagraph 4, it is reasonable to deem that the loan was a loan amounting to KRW 10 million on January 19, 2012.
① The Defendant recognized that the amount of money received from the Plaintiff was a loan with respect to KRW 10 million on October 31, 2012, and there is no reasonable ground to view that there exists a different legal nature of money and KRW 10 million on January 19, 2012.
② The Defendant agreed to operate a sports center to be acquired through C jointly with the Plaintiff, and on January 19, 2012 from the Plaintiff.