대여금
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order of payment shall be revoked.
The defendant.
No dispute exists between the parties, or comprehensively taking account of the purport of the entire pleadings in the testimony of the witness witness C of the Party A, the Plaintiff is obligated to pay to the Plaintiff damages for delay calculated annually from April 8, 2015 to July 13, 2016, with the annual rate of KRW 50 million, including KRW 30 million on December 31, 2012, KRW 20 million on January 8, 2013, and KRW 15 million on the Defendant’s repayment to the Plaintiff. As such, the Defendant is obliged to claim against the Plaintiff regarding the existence and scope of the obligation to perform from April 8, 2015 following the delivery of the complaint of this case sought by the Plaintiff as of April 13, 2016, which is the date of the final judgment of the court of first instance, to the extent of the existence and scope of the obligation to perform by the Defendant.
Although the defendant alleged that the above 50 million won was the money invested by the plaintiff's husband C for the operation of entertainment tavern, the above money appears to be a loan not to be an investment loan, in light of the fact that the defendant respondeded to and repaid to the purport that part of C's demand for Kakao Kakao A was a 15 million won, and C testified that the above money was lent to the defendant by requesting it to the plaintiff on the job in which the plaintiff, C, and the defendant were jointly located, and that the defendant testified that the money was the money that the plaintiff lent to the defendant was the money that the plaintiff lent to the defendant. Thus, the above argument by the defendant is without merit.
Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed for lack of reason. Since the judgment of the court of first instance is unfair, the part of the plaintiff's appeal is partially accepted, and it is revoked, and the payment of the above money is ordered to the defendant, and the remaining part of the judgment of the court of first instance is legitimate, and the plaintiff's remaining appeal is dismissed. It is so decided as per Disposition.