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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the overall purport of the arguments in Gap evidence Nos. 1, 2, 7, 8, 15, 37, 38, 44, 45, 55, 59, 67, and Eul evidence Nos. 1, 2, 6, 11, 13, 71 (including the number of each party).
From 2001, F, the husband of the Plaintiff, obtained a large number of loans from the Defendant in the name of himself/herself, family, relatives, and actually managed the loan account opened in the name of his/her family or relatives.
B. On December 24, 2004, with respect to the Ulsan-gun C and D land owned by the Plaintiff (hereinafter “instant land”), the registration of creation of a neighboring mortgage was completed on December 24, 2004 with the mortgagee, the debtor, the Plaintiff, and the maximum debt amount of KRW 39,00,000,000. On December 27, 2004, a loan of KRW 30,000,000, which is secured by the said land under the name of the Plaintiff from the Defendant (hereinafter “instant loan”).
C. around 11:30 on December 27, 2004, the instant loan amounting to KRW 30,000,000 was deposited into the Defendant’s account (Account Number: E; hereinafter “instant loan account”) under the Plaintiff’s name, and was deposited at around 11:32 on the same day.
Plaintiff
The Defendant’s deposit account (Account Number: Z. hereinafter “the instant deposit account”) in the name of the Plaintiff was linked to the Defendant’s credit loan account (Account Number: AA) and was calculated with interest on F, etc.’s loan within KRW 10,000,000, which is the amount of loan limit. The said deposit account was deposited with the said deposit account on March 10, 2008 (hereinafter “instant KRW 8,000,000”). The deposit was withdrawn on March 11, 2008.
E. On March 14, 2008, KRW 10,000 (hereinafter “instant KRW 10,000,000”) was deposited in the instant deposit account in Q’s name, the Plaintiff’s children, and the immediate withdrawal was made.
2. Determination as to the claim for the refund of the instant loan
A. The plaintiff's assertion is that with respect to the loan of this case, the plaintiff's letter of loan transaction and mortgage contract.