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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..
Reasons
1. Basic facts
A. The Defendant was in de facto marital relationship from E to B from August 12, 2017.
Plaintiff
A is a form of E, and the plaintiffs B and C are the same students of E.
B. On December 2, 2015, Plaintiff A deposited KRW 10,000,00 on the Defendant’s account, KRW 5,000,000 on December 7, 2015, KRW 5,000,000 on December 31, 2015, KRW 10,000 on January 22, 2016, KRW 10,000 on January 22, 2016, and KRW 40,000 on March 15, 2016, respectively.
C. On July 29, 2015, Plaintiff B deposited KRW 10,000,000 on the Defendant’s account, and KRW 20,000,000 on July 30, 2015, respectively.
Plaintiff
C deposited KRW 5,00,000 on March 13, 2017 to the Defendant’s account.
[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 3, and Eul evidence No. 3 (if any, including a branch number; hereinafter the same shall apply)
(2) The grounds of appeal No. 1
2. In light of the following circumstances, there is no dispute as to whether the plaintiffs lent to the defendant, the entries in Gap evidence Nos. 1 through 8, and 11, and the purport of the entire pleadings, it is recognized that the total amount of KRW 40,000,000, the total amount of KRW 20,000,000, and KRW 5,000,000, and KRW 5,000,000,000 of the plaintiff Eul prior to the deposit into the defendant's account, are the amounts lent to the defendant without fixing the due date. Thus, the defendant is obliged to pay the above amount and interest or delay damages to the plaintiffs.
During the de facto marriage relationship between the Defendant and E, E took care of the entire household affairs and managed the account from the Defendant.
While the defendant has engaged in economic activities, such as the two-wing business, it seems that E does not conduct independent economic activities in addition to family affairs.
B. The Defendant’s account managed by E was deposited not only in family affairs but also in money necessary for the Defendant’s business, such as the Defendant’s salary class business fund.
Most of the money deposited in the defendant's account is used as the family expenses in de facto marriage between the defendant and E, or as the defendant's business funds.