부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation concerning this case is as follows: "The plaintiff's employee has forged the above loan agreement, but in full view of the evidence and the whole purport of arguments as to Eul's evidence Nos. 6 and 10, the plaintiff's above assertion is not reasonable)" is added to "the ground of the court's explanation concerning this case is as stated in the part of the reasoning of the judgment of the court of the first instance, except for the case where the plaintiff's multi-paragraph (the plaintiff's assertion about additional assertion) is used as follows, and it is identical to the part of the reasoning of the judgment of the court of first instance. Thus, it is accepted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
[1] On August 20, 2008, the Plaintiff asserted that the Plaintiff deposited KRW 75,00,000,000, out of the purchase price of two parcels of land located in the Hamyeong-gunJ on August 20, 2008, into its own account opened in the Defendant Union and repaid all the obligations of the remaining loans at that time. Thus, the instant loan was not likely to be exchanged. (2) In full view of the overall purport of the arguments in the evidence Nos. 10, 6, and 10, the fact that the Plaintiff deposited KRW 72,50,000,00 in the Plaintiff’s account opened in the Defendant Union is recognized.
However, each of the above evidence and evidence Nos. 9 and 14 alone are insufficient to recognize the fact that the above money was appropriated for the repayment of the full amount of the loan and the Plaintiff’s obligation to repay all of the loan is extinguished, and there is no other evidence, and there is no reason to believe
[Examination of the above evidence: KRW 19,00,000 out of the above KRW 72,50,000 on the date of deposit = KRW 2,500,000 on the deposit basis of the first loan, KRW 21,00,000 on the deposit basis of the second loan, KRW 18,000 on the deposit basis of the second loan, KRW 5,500 on April 12, 2006, KRW 5,500,000 on May 7, 2007, KRW 2,500,000 on the total interest of each of the above loans of KRW 5,00,000 on August 9, 207 = 18,00,000 on September 18, 208, as paragraph (3) of B, as at September 1, 208