대여금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. C (A) around April 15, 2016, the Defendant’s husband made a telephone call with the Defendant’s husband to the effect that “the Plaintiff lends KRW 50 million to the Defendant’s husband. The Plaintiff sent a one-day loan receipt to the Plaintiff. It would have the Plaintiff deposit KRW 50 million to the Defendant’s husband.”
B. On April 15, 2016, the Plaintiff remitted KRW 50 million to the account in the name of D (Defendant’s children), and even thereafter, remitted KRW 70 million on July 1, 2016, KRW 30 million on July 20, 2016, and KRW 50 million on July 22, 2016 to the same account.
C. Meanwhile, on May 18, 2016, C wired KRW 19 million to the account in the name of D, and the Plaintiff wired KRW 19 million to C on May 19, 2016.
Then, on June 22, 2016, from the account in the name of D, KRW 1.5 million was remitted to the Plaintiff, and KRW 1.2 million was remitted to C, and KRW 1.2 million was remitted to the Plaintiff.
The above KRW 1.5 million was interest rateing to KRW 50 million on April 15, 2016 (the Defendant stated on April 15, 2016, that “the above KRW 1.5 million was interest rateing to KRW 50 million that the Plaintiff remitted to the account in the name of D on April 15, 2016,” but the Defendant stated to the effect that the said statement was revoked by the statement in the reply of the second party on September 29, 2017 at the date of pleading of the trial, but no evidence exists to deem that the said statement was contrary to the truth and due to mistake). The above KRW 1.5 million transferred to the Plaintiff through C is interest rateing to the loan related to KRW 19 million on May 18, 2016.
E. The Defendant: “90 million won” to the Plaintiff around July 2016.
F. On July 1, 2016, the Defendant, with the thickness of the Plaintiff, recognizes that part of the G sales price has been preferentially lent and written.
The loan certificate referred to as "the loan certificate" is "the loan certificate of this case".
(B) The Plaintiff delivered the amount of KRW 90 million plus the sum of KRW 19 million,00,000,000,000,000,000,000,000,000 that was remitted to the account under the name of D on July 1, 2016 by C to the account under the name of D on May 18, 2016 by the Plaintiff, plus the sum of KRW 20,00,000,00,000,00,000,000,000.