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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. The plaintiff.
Reasons
1. In the judgment of this court, the Plaintiff sought payment of KRW 88,63,93 of the borrowed money between the Defendant and B, KRW 60,00,00, ② the Defendant’s joint loan amount of KRW 34,200,00 on April 2, 2007, ③ the Defendant’s loan amount of KRW 60,001, KRW 60,600 on May 25, 201, ④ the Defendant’s loan amount of KRW 88,663,993 on August 26, 2010 to June 7, 2012. The court of first instance rendered a judgment dismissing the remainder of the claim upon citing the part of the Plaintiff’s joint loan of KRW 60,00,000 on KRW 25,00,00 on the joint loan of the Defendant and B as well as KRW 4,00 on the remainder of the claim.
As to this, the plaintiff did not appeal against the part against the defendant, and the defendant appealed against the above part of the judgment against the defendant, the court below held that ① of the amount of joint loan 60,000,000 won and ② of the amount of joint loan 60,000,000 won and ② of the amount of the claim.
2. On April 20, 2009, the portion for which the Defendant and the Defendant’s husband jointly and severally sought the return of the loan and the Plaintiff’s husband B leased the D Apartment-si D Apartment-si 201, 1201, from G to KRW 60 million, and the Plaintiff borrowed KRW 25 million out of the above lease deposit. There is no dispute between the parties.
Therefore, the defendant is jointly and severally liable with B to the plaintiff from April 19, 2014 on the record that it is the day following the delivery date of a copy of the claim and ground for change as of April 11, 2014, as the plaintiff sought, [the above loan does not have a maturity period for repayment, so it is not obliged to pay the loan, so the plaintiff shall be held liable for delay from the day after a considerable period has elapsed from the time when the plaintiff notified the return (the main text of Article 603(2) of the Civil Act, and the plaintiff filed a lawsuit of this case to pay the loan amounting to KRW 25 million from the time when the plaintiff filed the lawsuit of this case, which is the day following the delivery date of the copy of the claim and the ground for change as of April 11, 2014, which is the day after the plaintiff notified the return of the claim as of April 19, 2014.