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The defendant's appeal is dismissed.
Reasons
1. The person who borrowed 7 million won from D with the summary of the grounds for appeal (misunderstanding of facts) is F other than the defendant.
When the Defendant applied for a payment order to D in order to obtain the repayment of KRW 4.1 million repaid to D on behalf of F, the Defendant only requested a claim for the return of a loan, not the claim for the return of unjust enrichment, due to lack of legal knowledge, and did not deceiving the court by false arguments and proof.
2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court in light of the facts and circumstances revealed by the lower court, it can be recognized that the Defendant intentionally made a false assertion and submitted relevant evidence to the court. Thus, the Defendant’s assertion is without merit.
① On April 24, 2013, the Defendant filed an application for a payment order with D seeking the payment of a loan, and the Defendant would repay D money at the end of the month as the cause of the application if D would have been well known to the Defendant and paid D money short of money.
Upon request, the Defendant stated that D deposited KRW 4.1 million in total, including KRW 1.1 million on March 2, 2012 and KRW 3.1 million on March 13, 2012, but D did not make any change. However, the Defendant submitted a copy of the deposit passbook as evidence.
② As to this, D filed an objection with the purport that the Defendant borrowed KRW 7 million from D and repaid KRW 4,100,000 among them, and also filed a counterclaim seeking payment of KRW 2,90,000,000 to the Defendant.
The court of the lawsuit in the lawsuit above shall be deemed to have leased KRW 7 million to the E’s deposit account on January 20, 2012, using the Defendant’s deposit account designated by the Defendant at the Defendant’s request. The Defendant’s claim is dismissed on the ground that “The amount of KRW 4.1 million, which the Defendant asserted as a loan in the principal lawsuit, is the amount repaid for the borrowed money.”