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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 reasoning of the judgment of the court of first instance is “1” and “2,” with the exception of the parts supplemental to the judgment of the court of first instance as stated in the following sub-paragraph (2). As such, the same shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff asserts that around 2003, the Plaintiff lent KRW 10 million to the Defendant for expenses for death and seedling, and the Defendant asserts that the said KRW 10 million is the money that the Plaintiff donated to the Defendant.
The following circumstances, which can be acknowledged by the overall purport of statement and pleading of evidence No. 1-1, i.e., ① the plaintiff and the defendant are women, ② the plaintiff was living together with the defendant and the defendant's husband in the above house after the defendant newly constructed a house in October 2003, ③ the above KRW 10 million was used in planting the plaintiff's orchard in the above house, ③ the plaintiff's husband and the defendant cultivated the above orchard together with the plaintiff's husband and the defendant, ④ more than 10 years have passed since the plaintiff delivered the above KRW 10 million to the defendant, ④ it appears that the plaintiff did not demand the defendant to return the above KRW 10 million to the defendant or did not receive interest, ⑤ it is reasonable to view that the plaintiff loaned the above KRW 10 million to the defendant without submitting any supporting evidence, such as the loan certificate related to the above KRW 10 million.
Therefore, the plaintiff's above assertion is without merit.
3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.