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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
Reasons
1. Facts of recognition;
A. On June 1, 2010, the Defendant opened the Agricultural Cooperative Account (Account Number C, hereinafter “instant account”) under the name of the Defendant, and then offered cash cards related to the said account to Dong residents D to use them for deposit and withdrawal.
B. On March 11, 2017, the Plaintiff transferred KRW 25 million to the instant account.
C. D Around April 14, 2017, the body was found on April 25, 2017.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. On March 11, 2017, the gist of the Plaintiff’s assertion: (a) transferred KRW 25 million to the instant account; (b) lent the said money to D; (c) died without paying the said money; and (d) on April 29, 2017, the Plaintiff and the Defendant promised to return the money remaining in the instant account to the Plaintiff.
Therefore, around that time, 15,635,014 won remaining in the account of this case is claimed.
3. In order to establish a judgment contract, it is required that there exists a mutual agreement between the parties to the contract, and such mutual agreement is not required with respect to all matters constituting the content of the contract in question, but there is a specific agreement with respect to the essential matters or important matters, or at least an agreement with respect to standards and methods that can specify them in the future, and it is reasonable to deem that the contract has not been concluded, barring any special circumstances, in the event that no agreement with
(see, e.g., Supreme Court Decision 2017Da242867, Oct. 26, 2017). B.
According to the records of Gap evidence No. 3 and the purport of Gap evidence No. 6's voice and oral argument, the plaintiff, defendant, and Eul's siblings E (the husband of the defendant), F, plaintiff's punishment G, H around April 29, 2017.