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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. The Plaintiff asserted that the Plaintiff was a part of the amount loaned to the Defendant on May 9, 2015, and the amount of KRW 15 million on May 19, 2015 (hereinafter referred to as “the amount in this case”). The Plaintiff, which was issued on October 18, 2016, claimed that the amount of KRW 9.2 million on a check issued on March 28, 2017 to the Defendant was a part of the amount loaned to the Defendant, and the date of issuance of the check was modified as above on the basis of the result of the response to the order to submit financial transaction information.
The Defendant is obligated to pay the Plaintiff the total amount of KRW 25 million and damages for delay, as the repayment period was set on December 31, 2017, when the Defendant received the fraternity. As such, the Defendant is obliged to pay the Plaintiff the total amount of KRW 25 million and the damages for delay.
2. Judgment on the part concerning the first money of this case
A. According to the overall purport of Gap evidence No. 1’s video, Eul evidence No. 2 and the argument, the plaintiff remitted the instant No. 1 to the defendant. The defendant, at the time of the transfer of the said money, returned the lessee’s lease deposit amount of KRW 90 million with respect to the building No. 4, Guro-gu Seoul and the defendant, at the time of the transfer of the said money. It is recognized that the plaintiff sent text messages demanding the defendant to pay KRW 25 million including the instant No. 1 money on June 23, 2017.
B. However, it is ruled out the possibility that the Plaintiff transferred the above money to the Defendant as part of the Plaintiff’s intent to pay the necessary living expenses or the lease deposit to be returned to the Defendant while living together with the Plaintiff, which is, ① from July 2014 prior to the transfer of the money to the Defendant, the Plaintiff had been in an internal relationship with the Defendant from July 1, 2014, and had been living together with the Defendant in the Defendant’s residence. ② The Plaintiff and the Defendant living together with the Defendant had been funded with the Defendant on June 1, 2017.