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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 parties' assertion
A. The Plaintiff is obligated to pay the Plaintiff the remainder of KRW 36,30,000 calculated by deducting the amount of KRW 33,670,000 already returned from the loan amount of KRW 70,330,00,00 and delay damages therefrom, on March 15, 201, when the Plaintiff was awarded a successful bid for the land located in the vicinity of the Gyeonggi-do Yangyang-gun, Gyeonggi-do, as the auction price is insufficient, and the Defendant lent KRW 70,000 to the Defendant on March 15, 201 without setting the interest and the due date. Thus, the Defendant is obligated to pay the Plaintiff the remainder of KRW 36,330,00,000 after deducting the amount of KRW 33,670,00 already returned from the loan amount of KRW 70,000,000, not from the Plaintiff. If the Defendant did not borrow the said money from the Plaintiff, the Defendant is obligated to return the remainder of KRW 36,300,00.
B. Around February 201, the Defendant sold the Plaintiff membership fee of AnsanCC at KRW 70,00,000 at the time, and received KRW 70,000,000 from the Plaintiff on March 15, 201, and thereafter, upon the Plaintiff’s request, sold the above membership fee at KRW 34,00,000 at the time of the Plaintiff’s above membership fee to the Plaintiff, and the Defendant sold the above membership fee at KRW 34,00,000 at the time of the Plaintiff’s above membership fee to the Plaintiff on January 2014.
2. 4. The above payment was only paid to the Plaintiff the remaining KRW 33,670,000 after deducting the transaction commission. Thus, the Defendant did not borrow KRW 70,000 from the Plaintiff or acquire it without any legal cause.
2. Determination
A. According to each of the evidence Nos. 1, 1, 2, and 3 as to the primary claim, the Plaintiff transferred KRW 70,000,000 to the Defendant’s account on March 15, 2011, and on January 17, 2014, the Plaintiff sent text messages to the Defendant’s mobile phone “the request for confirmation by February 25, 201,” and the Defendant sent text messages to the Defendant’s mobile phone on January 17, 2014.
2.4. The fact that the Plaintiff remitted KRW 33,670,000 to the Plaintiff’s account is recognized.
2. However, on the other hand, comprehensively taking account of the descriptions of the evidence Nos. 1, 2, and 3-1, and 2, the whole purport of the pleadings.