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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. Determination on the cause of the claim
A. 1) The Plaintiff asserts that the Defendant, at the request of the Plaintiff and D (hereinafter collectively referred to as “Plaintiff, etc.”) on November 201, 201, lent KRW 5,000,000 on November 30, 201, and KRW 3,000,000 on December 1, 201, and KRW 10,000,000 on December 9, 201, but the Defendant failed to repay the amount. 2) As to this, the Plaintiff, at the request of the Plaintiff and D ( collectively referred to as “Plaintiff, etc.”), installed a vinyl house for mushroom farming in “E” operated by the Plaintiff, etc., but the Plaintiff, etc. did not pay the remainder of the construction cost, and the Plaintiff, etc. paid the remainder of the construction cost to the Plaintiff, etc. as part of the Plaintiff in the process of installing the said vinyl.
B. Determination 1) According to Gap evidence Nos. 1-1 through 3, it is recognized that the plaintiff remitted the amount of KRW 5,000,000 on November 30, 201 to the Defendant’s account, and KRW 3,000,000 on December 1, 2011, and KRW 2,000,000 on December 9, 201. However, considering the overall purport of the pleadings as a whole, the plaintiff is the representative of “E” located in Macheoncheon-si, and the fact that the plaintiff, etc. operates the above farming source, and ② the construction of a vinyl greenhouse for mushroom cultivation in “E” to the defendant on November 1, 2011.
(3) Upon receipt of a decision to recommend reconciliation on March 20, 2013, to the effect that “D shall pay KRW 48,590,000 to the Defendant by June 30, 2013,” the Defendant asserted that D had not received KRW 48,590,00 of the construction price in the instant case, and that “D shall pay KRW 48,00,000 to the Defendant,” from the above court, was subject to a decision to recommend reconciliation, and the fact that the Defendant collected part of the price by means of compulsory execution after the said decision to recommend reconciliation became final and conclusive is recognized.
In light of the above facts, the defendant shall pay interest to the above amount.