Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff asserted that the Plaintiff lent KRW 4 million to the Defendant on October 1, 2014, ② KRW 13 million on October 20, 2014, ③ KRW 10 million on November 28, 2014, respectively, and the Defendant decided to repay the amount to the Defendant as soon as possible.
Therefore, the defendant is obligated to pay to the plaintiff the total amount of the above loans 18 million won and damages for delay.
B. (1) First, we examine the portion of the claim for the loan made on October 1, 2014.
The plaintiff asserted that he paid 4 million won to the defendant in cash on the above date, but there is no evidence to acknowledge it.
Therefore, this part of the claim is without merit for further review.
(2) Next, we examine the portion of the claim for a loan made on October 20, 2014 and November 28, 2014.
According to Gap evidence No. 1 (including virtual number, hereinafter the same), although the plaintiff was found to have remitted the above money to the defendant's account on each of the above dates, the defendant is not a loan but a loan to the defendant, and the defendant alleged to have delivered the above money to CS on behalf of the defendant. Thus, the defendant is found to have delivered the above money to the defendant on behalf of the defendant (the defendant is in custody without delivery of KRW 2 million, but the plaintiff did not request the return of the above money, and the plaintiff did not request the return of the deposited money). The above evidence, Eul's evidence, Eul's evidence, and each of the statements and arguments, and the whole purport of the arguments, which is, the CS paid the above money under the name of the defendant after receiving the money from a large number of investors. At that time, the plaintiff received the money from the plaintiff and received the money under the name of "(PS) dividends." In addition to the above loans claimed by the plaintiff, it is not sufficient to recognize that the plaintiff remitted the above money to the defendant.