beta
Text
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserts that, on November 17, 2016, the Plaintiff loaned KRW 5,000,000 to the Defendant on a due date set on November 15, 2017.
The facts that the Plaintiff and the Defendant prepared a certificate of borrowing KRW 5,00,000 between the Plaintiff and the Defendant do not conflict between the parties, but considering the following circumstances acknowledged by the respective descriptions of subparagraphs 1 through 3, subparagraph 1, and the overall purport of the testimony and pleadings by the witnesses of the first instance trial, it is difficult to recognize that the Plaintiff delivered the above KRW 5,00,000 to the Defendant, and there is no other evidence to acknowledge otherwise.
① The Plaintiff asserted that KRW 5,00,000 was lent on or around November 2016, but the date of preparation of the loan certificate is November 17, 2017; the details of transactions between the Plaintiff, C, and the Defendant were made between November 14, 2017 and November 20, 2017; and C, upon being aware of the Plaintiff’s knowledge on July 2017 and stated that C introduced the Defendant to the Plaintiff, it is difficult to recognize that the loan between the Plaintiff and the Defendant was made on or around November 2016.
② At the trial court, the Plaintiff loaned KRW 5,00,00 to the Defendant respectively on the same day, and transferred KRW 10,000,000 to C. Of these, C paid KRW 5,00,000 to the Defendant. However, according to the details of the deposit and withdrawal transaction submitted by the Plaintiff, the details of the Plaintiff transferred to C are total of KRW 6,30,000 (= = 2,80,000,000 on November 15, 2017 plus KRW 3,50,000 on the aggregate (= KRW 2,200,000,000, KRW 300,000, KRW 300,000, KRW 300,000 on the same day). The details of the remittance to the Defendant are 4,300,000, KRW 300,000 on the basis of the total amount of KRW 10,301,201.
Of the details remitted to the Defendant by C, the details of remittance of KRW 1,000,000 on November 20, 2017 cannot be deemed as the delivery of the instant loan in light of the evidence under subparagraph 1.
(3) C shall deliver the amount received from the plaintiff to the defendant in the process of examining the witness of the first instance.