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. In the first instance trial, the Plaintiff sought payment of KRW 420 million in total and interest for delay on April 21, 2014 from the Defendant, who lent KRW 320 million in total to the Defendant on October 17, 2014, KRW 520 million in total, including KRW 20 million in total, and KRW 100 million in total.
On April 21, 2014, the first instance court recognized loans of KRW 320 million, and ordered payment of KRW 220 million, excluding KRW 100,000,000,000,000,000,000,000,000,000,000, which was paid by the Plaintiff from the said money.
In this regard, only the plaintiff appealed for KRW 200,000,000 from October 17, 2014, among the part against which he/she lost, the scope of adjudication of this court shall be limited to the above part.
2. Facts of recognition;
A. The Plaintiff is the spouse of C who died on or around December 15, 2015, and the Defendant is C’s relative. 2) The Plaintiff is the spouse of C, who is the spouse, D, E, and F.
B. On April 21, 2014, the Plaintiff lent 320,000,000 won to the Defendant’s account under the name of the Defendant without an agreement on the period of payment and interest rate, etc. (2) C lent 20,000,000 won to the Defendant on October 17, 2014 without an agreement on the period of payment and interest rate, etc.
C. On March 4, 2016, D, E, and F, the remaining successors except the Plaintiff who renounced inheritance, filed a report to waive C’s inheritance, and on May 13, 2016, the said report was accepted as the vice-branch of the Incheon District Court 2016 D, E, and F, and the said report was accepted.
[Ground of recognition] Unsatisfy, Gap evidence 1, 3, 4 (including branch numbers), the purport of the whole pleadings
3. Determination
A. The Plaintiff asserts that the judgment on the cause of the claim 1 is a lessee, the Plaintiff has managed all the husband C’s property, and that KRW 200 million transferred to the Defendant on October 17, 2014 also transferred to the Defendant from the Plaintiff’s account he/she managed to the Defendant.
l.p. g., p.