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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Determination as to the cause of claim
A. 1) From March 25, 2010 to June 25, 2013, the Plaintiff loaned KRW 20,657,000 to the Defendant several times, and KRW 28,920,00 from the Plaintiff’s agricultural bank account, KRW 28,150,00 from the national bank account, and KRW 3,450,00 from the corporate bank account to the Defendant’s account respectively, and lent KRW 93,17,00,000 in total with a new card issued under the Plaintiff’s name, which allowed the Defendant to use, KRW 12,00,000,00 in total, and KRW 12,00,000 in the Plaintiff’s insurance money, KRW 8,00 in the Plaintiff’s account, KRW 3,950,00 in the Plaintiff’s new bank account, KRW 08,00 in the Plaintiff’s account, KRW 16,008,000 in the Plaintiff’s account.
3) For the repayment of the foregoing loan obligations, the Defendant is a building D, 165 square meters and its ground around March 2014, which was owned by the Defendant husband C (hereinafter “instant real estate”).
A) The Plaintiff agreed to evaluate and transfer B as the market price of KRW 40 million, and the registration of ownership transfer was completed on March 19, 2014 to E designated by the Plaintiff on the said land. (4) Around that time, the Plaintiff subrogated for KRW 15 million for the Defendant’s obligation to refund the lease deposit against F, who was a lessee of the instant real estate.
【Ground of recognition】 The fact that there is no dispute, Gap's 2 through 4 and Eul's 1, 3, and 5, the purport of the whole pleadings
B. According to the above facts of recognition, the defendant shall pay 10,312,169 won and damages for delay remaining after deducting 82,864,831 won (the assessed amount of KRW 57,864,831, the assessed amount of KRW 40 million - the subrogated lease deposit amount of KRW 15 million) that the plaintiff was paid or paid in payment from the plaintiff among KRW 93,17,000 borrowed from the plaintiff.