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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. On November 16, 2009, the Plaintiff loaned KRW 20 million to the Defendant on November 16, 2009, and received KRW 8 million from the Defendant on December 31, 2011, and the Defendant is obligated to pay the remainder loans of KRW 12 million and delay damages to the Plaintiff.
According to Gap evidence No. 1 and Eul evidence No. 5, it is recognized that the plaintiff remitted 20 million won to the bank account in the defendant's name D's wife on November 16, 2009, and that the defendant remitted 8 million won to the bank account in the plaintiff's name on December 31, 201.
However, in cases where the plaintiff filed a criminal complaint against the defendant on the charge of acquiring the above money, the defendant argued that "the defendant, instead of the plaintiff, caused the plaintiff to purchase commercial buildings and caused the daily settlement by receiving the money of KRW 20 million from the plaintiff, and the plaintiff renounced the sale in lots, thereby offsetting the expenses that the defendant incurred by the defendant for the plaintiff and returning the money of KRW 8 million to the plaintiff," the above criminal case is terminated by a non-guilty disposition, and the loan certificate for the above money was not prepared between the plaintiff and the defendant, and the loan certificate for the above money was not specified, and the above money was not specified at all. In full view of the above facts and the evidence submitted by the plaintiff, it is insufficient to recognize that the plaintiff lent the money of KRW 20 million to the defendant, and there is no evidence to recognize otherwise.
2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.