대여금
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. The Plaintiff asserts that, on July 10, 2017, the Plaintiff: (a) lent KRW 117,00,000 to the Defendant on the ground of the claim; (b) the remainder of KRW 109,262,00 after deducting KRW 7,738,00 from the remainder of KRW 109,262,00 paid out of the remainder after deducting the amount of KRW 7,738,00,00, shall be calculated according to the inherited portion; and (c) the Plaintiff is obliged to pay the amount of KRW 67,460,230 to the designated person; and (d) the Plaintiff
However, the evidence Nos. 3 and 4 is merely a specification of transactions and it is insufficient to recognize that the deceased lent money to the defendant.
However, according to the above evidence, the Defendant’s payment of money in installments over 15 times from August 10, 2017 to October 10, 2018 can be seen as the Defendant’s payment of interest on the borrowed money to the Deceased.
However, comprehensively taking account of the overall purport of the arguments in Eul evidence Nos. 2 and 3, the deceased borrowed KRW 120 million from the defendant, and instead, the deceased was exempted from the remainder of the debt with repayment of KRW 15 million around July 1, 2017, and the deceased asked the defendant to pay interest on the FF Bank Loans on DD Building E for the same day from August 201 to August 2018, 2018. The deceased promised to pay interest on the above real estate at the time of sale, and the defendant agreed to keep the certificate of right to registration until the time of sale of the above real estate, and it is acknowledged that the deceased agreed to keep the certificate of right to registration until the time of sale of the above real estate (the plaintiff asserted that the certificate Nos. 2 and 3 was forged or falsified, but there is no evidence to acknowledge it as invalid). According to the above recognition, the defendant's performance of the obligation to pay interest on the loan under the loan agreement is not a nominal one, but a nominal one.
Unlike the deceased, the deceased lent money to C.