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1. The judgment of the first instance court, including any addition and reduced claims, shall be amended as follows:
Reasons
1. Facts of recognition;
A. The plaintiff is the defendant's assistance, and the defendant is the plaintiff's small part.
B. The Plaintiff deposited KRW 161,390,000 to the Defendant on July 28, 2006, and deposited KRW 161,390,000 in total over 25 times, as shown in the separate sheet, until November 13, 2012.
C. The Plaintiff entered into a lease agreement with the F on the 104-dong 305-dong 305 (hereinafter “instant apartment”) in Seocho-gu, Yongsan-gu, the Plaintiff owned, and entered into a contract with the F, and the management thereof was entrusted to the Defendant. From September 30, 2009 to December 17, 201, the Defendant received a total of KRW 11,440,000 from F and used it as follows.
An amount of 520,00 on September 30, 200 1, 200 on September 30, 2009 2. 520,00 on November 2, 2009 30,520,520 on January 11, 2010 520,00 on February 5, 2010 520,00 on March 8, 2010 10,520 on April 7, 2010 (the aggregate of 520,520,000 on April 7, 2010, 2005; 10,520 on May 20, 200, 200 on May 8, 200, 2008; 10,530/10 on June 16, 2010;
D. The Plaintiff received KRW 20,500,000 from the Defendant, and the Defendant paid KRW 618,000 to F with the repair cost of the instant apartment.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 8, Eul's 1, the purport of the whole pleadings and arguments
2. Determination
A. The Plaintiff asserted 1) from June 28, 2006 to November 3, 2012, the Plaintiff lent a total of KRW 161,396,90 on 25 occasions to the Defendant. 2) In addition, the Defendant received the Plaintiff’s total of KRW 161,396,90 from May 2009 to KRW 520,000 on the daily apartment leased around December 6, 201, and paid the Plaintiff’s total of KRW 520,000 on December 18, 201, and KRW 520,000 on March 17, 201, including KRW 20,000, KRW 2080 on April 29, 201, and KRW 30,000 on September 31, 201, and KRW 15,000 on September 17, 2015.
3. Therefore, the Defendant’s total amount of 161,396,900 won and the sum of 13,520,000 won and 174.