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1. The part against Defendant C among the judgment of the first instance court is revoked, and the Plaintiff’s claim against Defendant C is dismissed.
2...
Reasons
1. Determination as to the plaintiff's claim against the defendant B
A. According to the overall purport of Gap evidence No. 1-2, Eul evidence Nos. 3, and Eul evidence Nos. 5-4 as to the cause of the claim, the plaintiff requested the defendant Eul to lend money to F on January 4, 2012, and upon the defendant Eul's request, the plaintiff is entitled to pay the money to the plaintiff on January 4, 2012; KRW 700,000,000 on September 13, 2012; KRW 50,000 on September 18, 2012; KRW 70,000 on September 27, 2012; KRW 860,000 on October 12, 2012; and KRW 201,000 on October 27, 2012; and the plaintiff lent the money to the plaintiff on January 25, 2016.
According to the above facts, it is reasonable to view that the Plaintiff lent 7.4 million won to Defendant B without setting a deadline (i.e., KRW 8.6 million - KRW 7 million - KRW 500,000) (i.e., the Defendant B paid the Plaintiff’s payment with the Plaintiff’s account, and in light of the fact that Defendant B received a receipt under the Plaintiff’s name and possessed it, the lender appears to have been aware that he was not F but the Plaintiff). Accordingly, Defendant B is obligated to pay the Plaintiff the balance of the loan and damages for delay.
B. Defendant B’s defense of repayment was determined to the Plaintiff; Defendant B paid KRW 1.2 million on March 30, 2012 to the Plaintiff; and KRW 1.2 million on the date of the instant judgment; and Defendant B paid KRW 1.2 million on October 12, 2015 after the date of the instant judgment; and ④ KRW 300,000 on October 19, 2015; and ⑤ KRW 5.3 million on December 29, 2015; and KRW 6.5 million on the aggregate on December 29, 2015; and KRW 306,00,000 on June 16, 2016, respectively.