Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport.
Reasons
1. Basic facts
A. The plaintiff is the son of the non-party E (former name: F) and the defendant is the mother of the plaintiff between E and South Korea, and the mother of the plaintiff.
B. From the Plaintiff’s bank account (Account Number G; hereinafter “instant account”); KRW 23,743,140 in total from September 1, 2009 to April 23, 2013; KRW 4,856,250 in total to the Nonparty C’s account from July 30, 2012 to April 30, 2013; and KRW 3,90,000 in total to the Nonparty D’s account from January 30, 2012 to June 27, 2012, respectively.
C. The Defendant, on January 12, 2012, remitted KRW 300,00,000 on February 17, 2012, KRW 1,456,219 on January 14, 2013, KRW 1,456,219 on March 28, 2013, KRW 278,00 on May 13, 2013, and KRW 8,894,219 on June 13, 2013, to the instant account.
On the other hand, on October 10, 2013, E filed an application with the Defendant for a payment order claiming payment of KRW 24,450,000 for the loan amounting to KRW 24,450,00 (Seoul District Court Decision 2013 tea1930). The above court decided that “the Defendant shall pay to E the amount equivalent to KRW 24,450,000 and the amount equivalent to KRW 20% per annum from the day following the delivery of the payment order to the day of full payment,” and the above decision became final and conclusive around that time.
E. Accordingly, the Defendant repaid KRW 26,741,120 to E in accordance with the above payment order from November 1, 2013 to December 30, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 7, Eul evidence Nos. 4 through 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Plaintiff alleged that the Plaintiff used the instant account to lend KRW 23,693,140 to the Defendant’s name from September 1, 2009 to April 23, 2013, the Plaintiff asserted that “from February 13, 2017, the Plaintiff lent KRW 23,693,140 to the Defendant by means of remitting from the instant account to the Defendant’s name” during the period from September 1, 2009 to April 23, 2013. However, according to the respective statements in the evidence No. 1 and 7, the Plaintiff claimed that the Plaintiff lent KRW 23,693,140 to the Defendant.