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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant related (i) around 2006, the Plaintiff was running the business of developing and selling the said land as a housing site, together with D, the owner of the land located in the same day, including 32,560 square meters of land G in Yongsan-gu, Yongsan-gu, Yongsan-gu.
B. On December 23, 2006, the Defendant concluded a sales contract between the Plaintiff and D acting on behalf of D to purchase KRW 1,530,150,000 from D to KRW 1,430,00,000, and on December 26, 2006, to purchase KRW 433,000,000 from the above business site in KRW 395,00,00,000, respectively, and the Defendant also promoted the business by developing the purchased land as a housing site.
B. (i) The Plaintiff transferred the Plaintiff’s wife C to the Defendant on December 17, 2007, to the Defendant on December 17, 2007.
The Plaintiff, who was engaged in the land development project with the Plaintiff, transferred D totaling KRW 60,000,000 to the Defendant on June 18, 2009, and totaling KRW 10,000,000,000 on October 12, 2009.
Fidelity, the Plaintiff, on January 12, 2012, remitted total of KRW 20,000,000 to the Defendant, KRW 10,000,000 on January 27, 2012.
【Ground of recognition】 Evidence No. 3-1 to 3, Evidence No. 4, Evidence No. 5-1, 2, and evidence No. 16, the purport of the whole pleadings
2. The defendant's judgment on the cause of the claim is that the defendant borrowed 40 million won from the plaintiff as described in the above 1-B (B), and that the defendant borrowed 40 million won from the plaintiff without setting the due date and interest, does not dispute between the parties. Considering the whole purport of the arguments in Gap's evidence 2-1 and 2 and witness H's testimony as described in the above 1-B, it can be recognized that the sum of the sum transferred by the plaintiff to the defendant as described in the above 1-B (B) and the defendant borrowed 60 million won from the plaintiff to the defendant without setting the due date and interest. The statement in Eul's evidence 5 is written in Gap evidence 16 and Eul evidence 20.