대여금
1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
1. Summary of the parties’ assertion
A. The Plaintiff asserted that the Plaintiff leased KRW 538 million to the Defendants, the married couple, from September 27, 2002 to April 28, 2015. From March 27, 2003 to July 2, 2015, the Plaintiff received reimbursement of KRW 413 billion in total from the Defendants, and received reimbursement of KRW 65 million in principal on September 8, 2015, after filing the instant lawsuit.
(2) The Defendants are jointly and severally liable to pay to the Plaintiff the remainder of the loan principal amounting to KRW 60 million (=50 million - KRW 413 million - 65 million) and damages for delay.
B. The Defendants asserted (convened defense) borrowed KRW 520 million from the Plaintiff, and repaid the Plaintiff a total of KRW 450 million to the Plaintiff until July 2, 2015 (in total, KRW 393 million from the Defendant’s account to the Plaintiff’s account, KRW 20 million from the Defendant’s own account, and KRW 42 million from the Defendant’s husband’s account, were remitted to the Plaintiff’s husband’s account, and KRW 65 million from September 8, 2015, the remainder of the borrowed principal (i.e., KRW 520 million from the Plaintiff’s husband’s husband (= KRW 520 million), and repaid the principal of the loan to the Plaintiff.
2. Determination
A. Determination criteria and methods, evidence rules of the Civil Procedure Act, the method and degree of proof, and whether the cause of the claim and defense have been proved based on the instant evidence
B. According to the purport of the entire arguments and arguments by Gap evidence Nos. 1-1, 2, and 2-1 of the total amount of loans and the purport of the whole pleadings, the plaintiff can be acknowledged by way of remitting the total amount of KRW 538 million to the defendant B’s account from September 27, 2002 to April 28, 2015.
C. As seen earlier, the Plaintiff received reimbursement of the total amount of KRW 413 million from the Defendants from March 2, 2003 to July 2, 2015, as seen earlier, the Plaintiff is the Plaintiff.
(2) Evidence Nos. 3 and 3-1, 2, and 4 and 5-3 of No. 3.