대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The scope of this court’s adjudication is that the Plaintiff claimed payment of KRW 15,950,800 in loans to the Defendants (i.e., KRW 13,700,800 in total) and KRW 11,500,00 in total, and KRW 15,950 in total,00 in total, and KRW 13,70 in total,80 in total. The court of first instance accepted both the claim for the fraternity and dismissed all the claim for the loan and embezzlement.
Since only the plaintiff appealed, only the part of the loan and the claim for embezzlement is subject to the judgment of this court.
2. Claim against the defendant B
A. The Plaintiff’s assertion (1) remitted KRW 39,964,00 between March 5, 2009 and October 20, 2009 to Defendant B, and granted KRW 14,100,000 in cash between September 9, 2009 and June 2010. The Plaintiff loaned KRW 54,064,00 in total.
(2) From December 20, 2007 to November 13, 2009, Defendant B illegally withdrawn KRW 13,700,800 from the passbook of the Plaintiff’s national bank without the Plaintiff’s consent and arbitrarily consumed it.
(3) Defendant B arbitrarily consumed KRW 2,250,000, the sum of KRW 1,650,000 and the sum of KRW 600,00, which was collected from the Plaintiff’s customer and from Noffinent F, with the value of clothes.
(4) Therefore, Defendant B is obligated to pay to the Plaintiff KRW 70,014,80 in total as the return of the above loans and the respective embezzlements (= KRW 54,064,000, KRW 13,700,800, KRW 250,000), which was claimed by the Plaintiff, as well as damages for delay.
B. According to each of the records in Gap, Gap's 1 through 4, 20 through 24 (including paper numbers; hereinafter the same shall apply), the facts that defendant Eul remitted from the plaintiff's passbook to the defendant Eul's husband's passbook on March 5, 2009 to 15,00,000 won on May 4, 2009, 19,000 won on May 6, 2009, and 265,00 won on May 6, 2009, and 39,964,000 won on October 20, 209, and other facts that the defendant Eul withdrawn from the plaintiff's passbook to the defendant Eul's husband's husband, who is the defendant Eul's husband on December 20, 207, and the defendant Eul withdrawn from the plaintiff's passbook to 130,137, 209, 100 won on May 6, 2009.
However, each description of the evidence of Nos. 1 to 26 and each testimony of D and E.