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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 25, 2009, the Defendant borrowed KRW 25,000,000 from the Plaintiff on a due date on August 25, 2010, and deposited KRW 10,000,000 out of that date to the Plaintiff’s account in the Plaintiff’s ASEAN upon the Plaintiff’s request (the fact that there is no dispute, Eul’s evidence 19, the purport of the entire pleadings, and the purport of the pleading), and KRW 10,00,000 out of the above borrowed amount is repaid.
2. The defendant asserts that the remaining KRW 15,000,000 has been repaid.
Therefore, the amount that the Defendant remitted to the Plaintiff from the original borrowing date to December 6, 2013 after the borrowing date is 36,049,200 won (Evidence No. 2, No. 2, No. 1, and the purport of the whole pleadings) and the Plaintiff received a total of KRW 17,946,05 won among them 22 times. In addition, the Plaintiff was also a person who received a total of KRW 1,150,000 ( KRW 1,000,000 on August 11, 201, KRW 50,000 on December 7, 2011, KRW 100 on December 6, 2013, and KRW 100,000 on the borrowing date, and KRW 1,00,000 on December 6, 2013).
Meanwhile, the amount paid with the credit card payment is 14,762,927 won.
(A) In light of the details of the receipt of funds by the parties and the developments leading up to the use of credit cards, KRW 14,762,927, out of KRW 36,049,20, which the Defendant remitted to the Plaintiff, is presumed to have been appropriated for the repayment of the obligation of the borrowed money, not for the credit card payment obligations that the Defendant has to pay to the Plaintiff separately from the borrowed money.
Furthermore, in order to clarify the details and character deposited to the Plaintiff, the court ordered the Plaintiff to attend the meeting, but in light of the purport of the entire pleadings, the Plaintiff’s total of KRW 17,946,05, 150,000, and KRW 16,793,355, excluding KRW 17,946,05,00, and KRW 150,000, and KRW 2,700, which the Plaintiff paid to the Plaintiff, among the total of KRW 17,946,762,927, and KRW 150,00, respectively, ( KRW 17,946,05, KRW 150,00-2,70).