대여금
1. The plaintiff's incidental appeal and the defendant's appeal are all dismissed.
2. The costs of appeal shall be borne by each party.
purport.
1. In the first instance court’s judgment, the Plaintiff sought a loan of KRW 4,500,000 to the Defendant on April 29, 201, and interest or delay damages from April 29, 2011; interest or delay damages from September 22, 2015; interest or delay damages from September 22, 2015; interest or delay damages from September 22, 2015; and interest and delay damages from the Defendant and the first instance joint Defendant C, respectively; and the first instance court rejected the Defendant’s claim of KRW 698,285 from September 22, 2015; and the first instance court rejected the remainder of the Defendant’s claim for delay damages from March 28, 2017.
Therefore, the Defendant appealed against the Defendant, and the Plaintiff appealed only against D’s claim for reimbursement of funeral expenses KRW 698,285 as well as damages for delay. Thus, this Court has determined that the Defendant’s loan KRW 8,00,000 as of September 22, 2015, and damages for delay from March 28, 2017, as well as D’s claim for reimbursement of funeral expenses as of March 28, 2017.
2. Basic facts
A. D has completed the marriage report with E on April 19, 1976, and was placed in the name of the defendant and the co-defendant C in the first instance trial.
D After having been divorced from E on January 4, 1991, D completed the marriage report with the defendant on April 14, 2001.
D died on October 4, 2015.
B. On September 22, 2015, KRW 8,000,000 from the Plaintiff’s account was transferred to the Defendant’s account under the name of the Defendant.
【Ground for recognition】 The fact that there has been no dispute, evidence No. 1-2, evidence No. 2-2, and evidence No. 2-3, and the purport of the whole pleadings
3. Summary of the parties' arguments;
A. On September 22, 2015, the Plaintiff lent KRW 8,000,00 to the Defendant. As such, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 8,00,000,000 and the damages for delay thereof. (2) After the death of D, the Plaintiff spent KRW 6,184,00 for funeral expenses, and KRW 8,252,00 for the establishment and management expenses of charnel houses.
The plaintiff shall settle the 11,990,000 won of the funeral expenses above.