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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 Plaintiff’s assertion was lent KRW 3.5 million to the Defendant on May 17, 2012, but only KRW 2.27 million was paid among them, so the Defendant is obligated to pay the remaining loan amounting to KRW 1.230,000 and delay damages.
2. Although a copy of the book (No. 1) and a copy of the resident registration certificate (No. 2) shown as partially consistent with the Plaintiff’s assertion that the Plaintiff gave KRW 3.5 million to the Defendant, this is not only written by the Plaintiff itself, but also it is difficult to believe the content thereof as it is because the Defendant did not sign and seal the document.
However, the Defendant asserted that the Plaintiff borrowed KRW 1.9 million from the Plaintiff on May 15, 2012, KRW 1.9 million on the 17th of the same month, and KRW 4.75 million on the 21.55 million on the 21st of the same month, and that the Defendant fully repaid the amount from May 16, 2012 to June 13, 2012, and accordingly, the Defendant began to pay KRW 2.80,00 to the Plaintiff on May 16, 2012, comprehensively taking account of the overall purport of the arguments in each statement in subparagraphs 2, 3-2, and 4, respectively.
6. It is recognized that a total of KRW 4,860,000 has been repaid by the 13.13. [In this regard, the Plaintiff asserted that the Defendant’s transaction account book was prepared at will by the Defendant and thus it is not reliable, but that is, the following circumstances, namely, ① the evidence No. 2 (Transaction No. 2) written in detail each day from May 15, 2012 to June 5, 2012, the details of the deposit transaction are written in detail, and the income and expenditure are divided by distinguishing the opposite and opposite sides, and the amount paid in each corresponding day by the fraternity No. 3-1 and 2) is confirmed through the pertinent pocket book (Evidence No. 3-1 of the evidence No. 3-2), and the Plaintiff also handles the above part of the transaction account book with a high credibility.