대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
1. The Plaintiff filed a lawsuit seeking loans against the co-defendant B and the Defendant in the first instance trial.
The first instance court rendered a judgment to partially accept the plaintiff's claim as to the above B and to dismiss the remainder of the claim as to the above B and the plaintiff's claim as to the defendant.
Of the judgment of the first instance, the part concerning the above B was separated from the Plaintiff and the above B, and the scope of the judgment of this court is limited to the part concerning the Defendant among the judgment of the first instance that the Plaintiff appealed.
2. The parties' assertion
A. The Plaintiff lent KRW 20,000 to the Defendant from March 2012 to April 2013.
Around January 2015, the Defendant subscribed to the 2nd unit organized by the Plaintiff in order to repay the above loan. According to this, the Defendant is obliged to pay the Plaintiff KRW 500,000 per month, and KRW 600,000 per month after the receipt of the fraternity.
However, the defendant paid KRW 17,600,000 out of the total amount of KRW 25,200,000 in the above fraternity and did not pay the remainder of KRW 7,600,000. The plaintiff is claiming against the defendant for the payment of KRW 7,60,000 in unpaid fraternity and damages for delay.
B. The defendant did not join the limits organized by the plaintiff.
The Defendant, the Defendant’s mother, entered the majority of the fields organized by the Plaintiff, and the Defendant only remitted the amount of KRW 1,000,000 per month to the Plaintiff from February 2, 2015 to September 2016 upon request by the Defendant that “the remittance is made instead of the deposit amount.”
3. Determination
A. According to the respective statements in Gap evidence Nos. 1, 3, 4, 8, 10, and 11, there is no dispute between the parties, or according to the following: ① the plaintiff remitted KRW 4,00,000 to the account under the name of the defendant, and KRW 10,000,000 from April 2013; ② the plaintiff transferred each of the above 400,000 won to the account under the name of the defendant from June 2013 to September 2014.