대여금
1. The plaintiff's appeal and the plaintiff's claim expanded by this court are all dismissed.
2. After an appeal is filed.
1. The scope of the trial in this court is the loan at the first instance court, and the plaintiff jointly and severally claimed against the defendants for 87.5 million won and delayed payment damages, and 90 million won and delayed payment damages against the defendant B.
The court of first instance rendered a judgment dismissing all the plaintiff's claims against the defendants.
On the judgment of the court of first instance, the plaintiff appealed and claimed only 32 million won and damages for delay against the defendants jointly and severally.
Therefore, the loan amounting to Defendant B and the delay damages amounting to KRW 90 million, and the joint and several debt amounting to KRW 32 million against the Defendants were excluded from the subject of this Court’s judgment. The joint and several debt amounting to KRW 32 million against the Defendants and the delay damages amounting to KRW 32 million are the subject of this Court’s judgment.
2. The following facts may be found either as a dispute between the parties or as a whole in view of the overall purport of the pleadings:
The Plaintiff served in F Co., Ltd. (hereinafter referred to as “F”).
B. Defendant B and H worked for the Committee for Promotion of the Establishment of G Housing Redevelopment Project (hereinafter “instant Promotion Committee”), and the instant Promotion Committee concluded a service contract with F.
C. On March 28, 2011, H died, and Defendant C and E, the wife of the deceased H, succeeded to the common property of Defendant C and E, the children of the deceased H.
3. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion H and Defendant B, while working for the instant promotion committee, did not have monthly wage, borrowed KRW 4.5 million or KRW 5 million per month to the Plaintiff and subsequently repaid the Plaintiff later.
For this reason, during the period from July 7, 2008 to October 6, 2009, the Plaintiff lent a total of KRW 32 million to the deceased H and Defendant B as shown below:
On July 7, 2008, the temporary loan recipient amounted to KRW 5 million on July 28, 2008, KRW HH on July 28, 2008, KRW 3 million.5 million on August 6, 2008. < Amended by Presidential Decree No. 20690, Aug. 6, 2008>