채무부존재확인
All appeals against the principal lawsuit and counterclaim of the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall be the principal lawsuit.
The principal lawsuit and counterclaim shall be judged together.
1.The following facts do not conflict between the Parties:
The Plaintiff’s husband F and the Defendant are close to the Plaintiff’s husband F and the Defendant, such as her native in Korea, and the Plaintiff is also married with F and the Defendant’s father after marriage with F.
B. The Defendant, while working in C Bank, lent money several times to the Plaintiff without setting the maturity and interest between 2013 and 2014.
2. The gist of the parties’ assertion is that the Plaintiff, as the principal suit, has fully repaid the loan borrowed from the Defendant, including the loan borrowed on the date stated in the attached Table as the date of borrowing. The Defendant sought confirmation of the existence of the obligation. The Defendant has a loan claim more than the Plaintiff asserts, and claims the return of the remaining loan in a counterclaim.
Therefore, we first examine whether the Defendant was admitted to lend money as alleged by the Defendant, and then examine the Plaintiff’s assertion of repayment.
3. Judgment as to the defendant's loan proposal
A. The defendant asserts that the defendant lent money to the plaintiff as follows.
On February 28, 2013, 150,000 cash transfer (Plaintiff) on April 10, 2013, 200 cash transfer (Plaintiffs) 36,50,000 on June 26, 2013 at the request of the Plaintiff on June 5, 2013; 4,00,00,00 cash transfer on August 16, 2013 at the request of the Plaintiff on August 16, 2013; 3,00,000 cash transfer on August 16, 2013 at the request of the Plaintiff on August 21, 2013; 1.3,00,000 cash transfer on August 21, 2013; and 1.3,000,000 cash transfer on June 3, 200, 2000, 300,000 cash transfer on the Plaintiff’s account; and