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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
The first instance court.
Reasons
1. Comprehensively taking account of the purport of the entire arguments in each statement in Gap evidence No. 2-1 through 5 as to the cause of the claim, the plaintiff may recognize the fact that the plaintiff lent the sum of KRW 8 million to the defendant, who is the holder of C in a de facto marital relationship, KRW 2 million on September 24, 2012; November 23, 2012; January 24, 2013; and February 24, 2013, each of KRW 2 million on February 24, 2013. Thus, the defendant is liable to pay the loan amount of KRW 8 million to the plaintiff, barring any special circumstance.
(A) The Defendant asserted that he borrowed the above money from C, but it is difficult to recognize that the Defendant borrowed the above money from C only with the statement of No. 3). 2. The Defendant asserted that, even if the Defendant borrowed the above money from the Plaintiff, C was a person with bad credit standing, and C deposited KRW 8 million into D’s account under the name of his mother, thereby repaying the above money.
According to the evidence Nos. 1, 2, and 3 of Eul evidence Nos. 2-2-3, the defendant's act of receiving the repayment of the plaintiff's claim against C through an account under the name of D, the mother of C and C, to October 27, 2014, and 8 million won on October 29, 2014. However, according to the evidence No. 4, C filed a lawsuit against the plaintiff around October 2014 (the Seoul Family Court Decision 2014Ra30707, Oct. 3, 2014) such as solatium's claim for consolation money due to the destruction of de facto marriage (the Seoul Family Court Decision 2014Ra307, Oct. 3, 2014), since it goes beyond the scope of ordinary power of attorney, it cannot be viewed that the defendant's act of receiving the repayment of the plaintiff's claim against D, the plaintiff's obligee, and there is no evidence that the defendant's assertion against the plaintiff is without merit.
3. If so, the Defendant shall pay to the Plaintiff the loan amount of eight million won and the following day after the delivery of the complaint of this case.