대여금
1. The plaintiff's appeal and the claims extended by this court are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
1. On November 2008, the Plaintiff loaned KRW 400,000,00 to the Defendant around November 2008, and the Plaintiff received a total of KRW 45,000,000 from the Defendant during the period from January 2009 to December 2011, and sought payment of KRW 355,00,000,00 in unpaid loans.
(The Plaintiff asserted that the date of lease was around May 8, 2009 in the first instance trial. At the first instance trial, the Plaintiff’s husband and Defendant C (the Plaintiff’s husband as the head of the Plaintiff, died on March 1, 2014; hereinafter “the Plaintiff”) transferred KRW 601,00,000 to the Plaintiff around November 2008, the claimed amount was reduced to KRW 355,000. According to the evidence No. 8, the Plaintiff’s withdrawal from his own account on November 3, 2008. According to each of the evidence No. 1-1, 2, and 2, the Plaintiff’s husband and Defendant C (the Plaintiff’s husband, who was the head of the Plaintiff, died on March 1, 2014; hereinafter “the Plaintiff”) transferred KRW 601,000 to the Plaintiff around January 3, 2009 through around 30, 2005.
However, the above evidence and the facts of recognition are insufficient to recognize that the plaintiff lent 400,000,000 won to the defendant, and there is no other evidence to acknowledge it.
2. On December 23, 2014, the Plaintiff asserted that he/she paid KRW 100,000,000 to the deceased’s debt on behalf of the deceased on December 23, 2014, and sought reimbursement of KRW 45,850,00, which is the inheritance portion (3/7), against the Defendant, the heir of the deceased (which appears to be claimed by the Plaintiff to waive less than KRW 10,00 as a result of the calculation).
[Plaintiff claimed KRW 23,570,000 as indemnity amount in the first instance trial [the Plaintiff claimed KRW 45,000,000, out of KRW 100,000,000, which has been repaid on behalf of the deceased, and the remainder of KRW 55,000,000 in the Defendant’s share of inheritance (3/7), 23,570,000 (which appears to have been claimed as a result of the above calculation) (the Plaintiff’s share of inheritance (3/7), and the claim was extended to the first instance trial]. According to the statement in subparagraph 9, the Plaintiff’s share of KRW 26,60,120, which was paid on December 22, 2014.