대여금
The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
purport:
1. The basic facts of the claim (1) from around 1993, the plaintiff resided in the second floor of the building D located in Ansan-gu, Ansan-si, and the defendant's mother B had been residing in the third floor of the above building since before that time.
(2) The Plaintiff asserted that the Plaintiff had a pro rata relationship with the Plaintiff while living in the third floor of the building B and the above building, and the Defendant did not explicitly dispute this. However, the witness B of the party trial testified that “the Defendant was living in a place other than the above third floor of the building from August 201, 201.” (2) The Plaintiff made several monetary transactions with B from around 1998, and received money from the Plaintiff to the account in the name of B’s family members (including the Defendant and Nonparty E, the Defendant’s wife), as well as the account in the name of B.
The Plaintiff wired KRW 265,975,100 in total to the Defendant and E’s account from October 2002 to April 201, 201, and received KRW 5,2360,00 from each of the above accounts.
(3) On August 12, 2011, the Plaintiff claimed that this part of the transaction was included in a monetary transaction with B, and added the first and second preliminary claims on the premise that it is not included in a monetary transaction with B in the first instance. (3) The Plaintiff was at the present domicile from the second floor of the above building to the present domicile. On August 12, 2011, the Plaintiff demanded the Plaintiff to prepare a loan certificate for the settlement of the money transaction between B and B, which was prepared by the Plaintiff in advance. The Plaintiff borrowed “the borrowed amount of KRW 153 million for rent, interest rate of KRW 153 million, KRW 1% for debtor, and joint and several sureties” prepared by the Plaintiff, and B stated the Defendant’s personal information and signature in the debtor column and joint and several sureties column, and returned it to the Plaintiff.
(A) (No. 1) (4) The Plaintiff was reimbursed a total of KRW 8.4 million from February 14, 2014 to December 29, 2018, and the Plaintiff and B agreed to cover the said KRW 8.4 million to the principal of the loan.
(5) The Plaintiff seeks the payment of the above loan to B and the Defendant.