beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Determination on the request for loans
A. Even if there is no dispute as to the fact that the plaintiff received money from the parties, the reason that the plaintiff received money is a consumption lease, and the defendant is liable to prove that it was received due to the consumption lease if he files a dispute.
(See Supreme Court Decision 72Da221 delivered on December 12, 1972, etc.). B.
According to each of the evidence Nos. 1, 4, and 5 (Evidence with a serial number includes a serial number), the fact that the Plaintiff remitted the sum of KRW 3,300,00 to the Defendant seven times from November 23, 2013 to August 18, 2015, and the fact that the Plaintiff partly disbursed the living expenses during the period of living with the Defendant is recognized.
However, in light of the following facts and circumstances, which can be acknowledged by comprehensively taking into account the purport of the entire pleadings, i.e., the time when the Plaintiff transferred KRW 3,00,00 to the Defendant, (ii) the Plaintiff transferred to the Defendant a small amount of KRW 700,000 at one time from KRW 200,000 to April 17, 2014; (iii) the amount that the Plaintiff directly disbursed to the Defendant was returned to the Defendant on a regular basis on a monthly basis; and (iv) the amount that the Plaintiff directly disbursed to the Defendant on a daily basis appears to have been insufficient for the two people’s living expenses, it is reasonable to deem that the amount remitted by the Plaintiff was paid as living expenses. The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff lent KRW 3,30,000 to the Defendant, and there is no other evidence to prove otherwise.
2. Judgment on the claim for damages caused by a tort
A. On April 21, 2016, the Defendant was sentenced to a fine of KRW 1,50,000 for the following criminal facts in the Chuncheon District Court Decision 2016MaMa17, J. 2016, which became final and conclusive on April 29, 2016.
The defendant (the defendant of this case, hereinafter the same) is the victim A, 59 years old, the plaintiff of this case, and the plaintiff of this case.