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Of the judgment of the court of first instance, KRW 49,300,000 against the Plaintiff and its related amount are from February 20, 2018 to December 12, 2018.
Reasons
1. Facts of recognition;
A. From August 31, 1999 to November 27, 2002, the Plaintiff lent a total of KRW 52,300,000 to the Defendant, who is his father, as follows:
(hereinafter referred to as “instant loan”). On August 31, 1999: (a) Deposit from the Plaintiff’s account on August 31, 199; (b) deposit from the Plaintiff’s account on September 9, 199 to D; (c) deposit from the Plaintiff’s account on September 1, 199 to the Defendant’s account on September 1, 199; (d) deposit from the Plaintiff’s account on September 14, 199 to the Defendant’s account on September 14, 199; and (e) deposit from the Plaintiff’s account on September 14, 1999 to the Defendant’s account on September 3, 190; (e) deposit from the Plaintiff’s account on September 20, 190 to the Defendant’s account on September 14, 200; and (e) deposit from the Plaintiff’s account on September 20, 200 to the Defendant’s account on September 20, 1999.
B. On May 13, 2003, the Plaintiff: (a) received from the Defendant on May 13, 2003, the maximum debt amount of KRW 100,000,000 with respect to the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the establishment of a neighboring mortgage”) with respect to the value of KRW 979,00,000,000, from the Defendant; (b) revoked it at the Defendant’s request on June 2
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, 9, 10 (including various numbers), defendant principal examination result of the first instance court, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 49,300,000,000 (= KRW 52,300,000 - 3,000,000) remaining after subtracting the Plaintiff’s reference to the preparatory brief as of June 19, 2018, which was paid by the Defendant as of March 13, 2013.
The plaintiff asserts that he lent the above amount exceeding KRW 52,300,000 to the defendant, but the plaintiff is entitled to KRW 1,00,000.