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Reasons
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(영문) 서울고등법원 2017.03.23 2016나2069728
대여금
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1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 17, 2013, the Plaintiff lent KRW 30,000,00 to the Defendant, a female student, KRW 20,000 on June 14, 2013, KRW 30,000 on August 8, 2013, KRW 130,000 on June 30, 2014, KRW 10,000 on June 30, 2014, and KRW 50,000 on May 20, 2014, and KRW 60,000 on December 20, 2014.

B. On May 30, 2013, the Defendant repaid KRW 30,000,000 to the Plaintiff on January 17, 2013, and thereafter repaid KRW 4,800,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 7, the purport of the whole pleadings

2. On November 8, 2013, the Plaintiff asserted that, on November 8, 2013, the Plaintiff issued 10,000,000 won cashier’s checks at the branch of the university of community credit cooperatives and issued 5 copies to the Defendant. Since the Defendant prepared a certificate of borrowing (Evidence 1) equivalent to 50,000,000 won, the Plaintiff asserted that the loan amount of November 8, 2013 is KRW 50,000,000, not KRW 30,000.

The defendant asserts that the loan amounting to KRW 20,000,000 as of June 14, 2013 and the loan amounting to KRW 30,000,000 as of November 8, 2013 were 50,000,000.

According to Gap evidence No. 1, it is recognized that the defendant prepared a loan certificate with the amount of KRW 50,000,000.

However, if we look at the purport of the entire argument as a result of each reply of financial transaction information to the National Bank of the court of the first instance and our bank, one of five 10,000,000 won cashier's checks issued by the university of community credit cooperatives on November 8, 2013 is deposited into the Plaintiff's deposit account, and one copy is used by the Plaintiff to transfer it to C who is his own land, and the Defendant did not receive the above two checks from the Plaintiff.

In addition, the loan amounting to KRW 30,000,000, which was already repaid on January 17, 2013 at the time of the preparation of the above loan certificate, was 50,000,000, and the Defendant drafted on December 20, 2014.

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