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1. Of the judgment of the court of first instance, the part against Defendant E, which corresponds to the following order for payment:
Reasons
1. Basic facts
A. The Plaintiff lent money to Defendant E in around 2008, and the interest rate was 48% per annum.
B. Defendant E issued a promissory note 7 around that time to the Plaintiff, and the sum of its face value is KRW 67 million, and some promissory notes bear the seal impression E’s sideF.
C. On September 17, 2008, the Promissory Notes (hereinafter “instant Promissory Notes”) issued at par value KRW 67 million and issuer F, were delivered to the Plaintiff.
From November 7, 2008 to December 12, 2008, Defendant E’s account deposited total of KRW 13,480,000 in the Plaintiff’s incidental M’s account. Defendant E voluntarily recognizes this as the amount loaned from the Plaintiff.
E. F died on December 13, 2010, and his wife and jointly inherited F’s property, Defendant E, C, and D, who were Defendant B, and their children.
F. Defendant B completed the registration of ownership transfer on the instant real estate owned by F on October 11, 2010 by reason of the gift agreement dated October 11, 2010.
[Basis] Facts without dispute, Gap evidence 1, Eul evidence 2-1 through 7, Gap evidence 3, 4, Gap evidence 5-1, 2, Gap evidence 6-1, 2, 3, Gap evidence 7 through 9, Eul evidence 1-2, Eul evidence 2-1, 2, and Eul evidence 2-19 through 23, the purport of the whole pleadings,
2. The Plaintiff asserted that he lent the total of KRW 67 million to Defendant E.
In light of the above facts, although the plaintiff was found to have lent money to defendant E, it is not sufficient to recognize it only with Gap evidence No. 1 and No. 2-1 through No. 7 as to the fact that the sum of the lent money is KRW 67 million, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's assertion on the remainder of the loans except for KRW 13,480,00, which defendant E voluntarily recognizes as the money borrowed from the plaintiff is without merit.
Therefore, Defendant E shall be KRW 13,480,000 to the Plaintiff and the Plaintiff.