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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 that the Plaintiff leased KRW 20 million to the Defendant on December 30, 201 by fixing the due date for payment as one month. As such, the Defendant is obliged to pay the Plaintiff the amount of KRW 20 million and its delay damages from January 31, 2012.
2. Determination
A. On December 30, 201, the fact that a sum of KRW 20 million was remitted from the Plaintiff’s account under the Plaintiff’s name to the Defendant’s account on December 30, 201 is either disputed between the parties, or is recognized by comprehensively taking account of the overall purport of pleadings as to the evidence No. 1 and No. 1, but it is insufficient to acknowledge the fact that the Plaintiff borrowed the money as above to the Defendant, and there is no other evidence to support the fact that there is no other evidence to support the fact that the Plaintiff borrowed the money from the Plaintiff’s husband, other than the Plaintiff’s husband (the Defendant alleged that the Defendant borrowed KRW 50 million from C on December 30, 2011 to the Plaintiff’s account No. 30 million, but the Defendant borrowed KRW 20 million from the Plaintiff’s account under the Plaintiff’s name, and the Plaintiff’s assertion that the money was remitted from the Plaintiff’s account under the Plaintiff’s name and KRW 1,500,000,00).
B. As to this, the Plaintiff asserted that the Defendant led to the confession of the fact that the Defendant borrowed money from the Plaintiff, it was confirmed that the Defendant borrowed KRW 30 million from D on December 30, 201, and KRW 20 million from the Plaintiff on December 30, 2011 as the result of confirming that the Defendant borrowed money from the Plaintiff’s side around December 6, 2011 from the preparatory document as of April 6, 2018.
The facts alleged to the effect that “the instant case is apparent on the records.” Meanwhile, the Defendant lent KRW 50 million to the Defendant’s preparatory document dated April 6, 2018 upon the Defendant’s request. Of them, the KRW 20 million was transferred through the Plaintiff and the remainder KRW 30 million was the Defendant’s passbook via D.