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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
2. The defendant.
Reasons
1. The Plaintiff filed a claim for KRW 3.3 million in total, including KRW 5 million lent to the Defendant on April 3, 2012, and KRW 3.8 million in total, which was lent to the Defendant on June 3, 2012, and delay damages therefrom, from the first instance trial to the Defendant on June 2007.
The first instance court dismissed the claims, and ② partially accepted the claims, and the scope of the trial in this court is limited to the claims, as the plaintiff appealed only with respect to the claims.
2. As to the Defendant’s land dispute case regarding the cause of the claim, C received request from the Plaintiff to appoint D attorneys-at-law who had been known to C, the fact that the Plaintiff, the Defendant, and C paid C KRW 3,300,000 to D attorneys-at-law on July 7, 2014, and that the Plaintiff paid C KRW 3,300,000 to C over three times, may be acknowledged by taking into account each of the statements in evidence Nos. 1, 2, and 3 as a whole, without dispute between the parties, or by taking into account the overall purport of the pleadings.
In light of the following circumstances, namely, C paid KRW 3,30,00 to D Attorney on the condition that the Plaintiff reimburses the Plaintiff, and the Plaintiff and C stated that they refused to pay the Plaintiff if requested by the Defendant (Evidence (Evidence (Evidence (2)), the Defendant and C did not have any special relationship with the Defendant, and there is no reasonable ground for the Plaintiff or C to pay KRW 3,30,000 without any consideration in the Defendant’s lawsuit, and the Defendant stated to the effect that the Plaintiff and C did not have any agreement to bear the costs of lawsuit (the date for preparatory pleading in the first instance), it is reasonable to deem that C would have lent KRW 3,30,00 to D attorneys upon request by the Plaintiff upon receiving a request from the Defendant, and eventually, C would have lent KRW 3,30,00 to the Plaintiff, and the Plaintiff would have again lent
Therefore, the defendant's 3.3 million won and the defendant's delivery date of the original copy of the payment order of this case to the plaintiff on August 2013.