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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Basic facts
A. On May 29, 2013, from February 16, 2015, the Plaintiff leased and returned money to the Defendant (hereinafter “instant transaction period”) and repeated the transaction of re-lending the money. After lending the Plaintiff’s credit card to the Defendant, the Plaintiff made transactions such as receiving remittance of credit card payment from the Defendant.
B. During the instant transaction period, the Defendant prepared and provided the following loan certificates or cash custody certificates to the Plaintiff.
When the plaintiff presents the above documents after completion of the title and main text, the documents were prepared by means of recording only his/her personal information (including his/her address, name, telephone number, etc.) and affixing seals or seals.
【No. 1- The date of drawing up the No. 1- the Defendant’s loan certificates, etc., the document name-written statement No. 1 on May 29, 2013, the Plaintiff borrowed KRW 10 million from the C card and paid to the Defendant on May 29, 2013, and the Defendant paid the principal and interest on the C card on May 23, 2013 for two years.
On April 14, 2014, the defendant is in custody upon receiving KRW 10 million from the plaintiff on April 14, 2014, and is in custody on April 13, 2015.
On April 28, 2014, the defendant, on April 28, 2014, is in custody after receiving KRW 10 million from D on April 28, 2014. The return cycle on April 27, 2015.
On June 23, 2014, the Defendant received KRW 10 million from the Plaintiff and kept the cash custody certificate (third vehicle) from the Plaintiff on June 23, 2014, and the return cycle was extended for six months on June 23, 2014, and the return cycle was made on December 11, 2014.
A 5 January 5, 2015, KRW 5 million was lent from the E card on December 5, 2014 to the new rate of 12 months from the E card on December 5, 2014, and the Defendant shall pay the principal and interest on the fiveth day from January 5, 2015.
A 5
C. The amount deposited by the Plaintiff to the account of the Defendant or her husband F during the instant transaction period is KRW 36,482,100, and the amount deposited by the Defendant to the Plaintiff’s account is KRW 82,645,000.
The plaintiff.