대여금반환 청구의 소
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. The reasoning for this court’s acceptance of the judgment of the first instance is the same as that of the judgment of the first instance, except as stated in “2. Additional Judgment” as to the assertion added or emphasized by the plaintiff in this court. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420
2. The Plaintiff asserts that, if the Defendant borrowed only KRW 85,00,000 from the Deceased, the interest per month was paid, and the Defendant remitted the amount exceeding KRW 850,000 per month, the Defendant should be deemed to have additionally borrowed KRW 35,00,000, in addition to KRW 85,000 recognized by the first instance judgment.
However, it is not sufficient to recognize that the Defendant remitted money exceeding 850,000 won per month to the Deceased only with the statement of No. 17 evidence, and even if so, such fact is alleged by the Plaintiff.
Even if such circumstance alone, it is difficult to view that the Deceased lent KRW 35,000,000 to the Defendant, as a matter of course, in addition to KRW 85,00,000, which was recognized in the first instance trial.
3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.