The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the addition to the determination of the substance of the plaintiff's grounds for appeal as set forth in paragraph (2). Thus, the reasoning of this court cites it as it is by the main text of

The gist of the Plaintiff’s ground of appeal for further determination was that the Defendant had a loan claim of KRW 35 million against the Defendant around 2013, which was confined to the prison.

On August 10, 201, apartment purchase fund, apartment house purchase fund, loan loan on February 201, 201, and around 2012, the Plaintiff asserted that the Defendant had a loan claim against the Defendant at least at the time when the Defendant was admitted to the prison, in full view of each of the preparatory documents dated June 25, 2020 and August 28, 2020, etc., the Plaintiff asserted that the Defendant had a loan claim against the Defendant at least when the Defendant was admitted to the prison.

Meanwhile, the Defendant had been living in prison for two years from September 13, 2013 to September 13, 2015.

The Plaintiff received a total of KRW 1,100,000,000 from the Defendant, who completed his/her life with his/her care, KRW 5 million on September 3, 2016, KRW 3,000,000 on December 12, 2016, KRW 2.5 million on December 13, 2016, KRW 50,000 on April 7, 2017, and KRW 11,00,00 as the principal repayment (hereinafter referred to as “instant repayment”), and the remainder was paid as interest for the Defendant. Therefore, the Plaintiff still holds a loan principal claim against the Defendant (= KRW 35,00,000).

On April 2016, the first instance court acknowledged the Defendant’s assertion that the Plaintiff and the Defendant agreed to determine the loan principal amounting to KRW 20 million with respect to the existing monetary transaction (hereinafter “instant agreement”), which was after the Defendant’s life, and then calculated the remaining loan principal amount at KRW 9 million as a result of appropriating the repayment principal paid to the Plaintiff thereafter.

However, since the plaintiff did not have agreed with the defendant in this case, the defendant still holds the above loan principal amounting to KRW 24 million and this.