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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the order of payment shall be revoked.
Reasons
1. The Defendants, the couple of the Plaintiff’s claims, respectively, borrow from the Plaintiff KRW 9.4 million on April 14, 2005, KRW 4.5 million on May 23, 2005, and KRW 5 million on September 20, 2005, respectively, and the Defendants are jointly and severally liable to pay the said KRW 15.9 million.
2. Determination
A. On April 14, 2004, 9.4 million won and May 23, 2005, 1) Even if there is no dispute between the parties as to the claim for loans of KRW 4.5 million and KRW 4.5 million on May 23, 2005, the plaintiff's assertion that the loan was received as a loan for consumption if there is a dispute as to whether it is a loan for consumption (see Supreme Court Decision 72Da221, Dec. 12, 1972). The plaintiff is a wife in a de facto marital relationship with the defendant B.
) The fact that each deposit of KRW 9.4 million into the account in the name of Defendant B was made on April 14, 2005, and KRW 4.5 million on May 23, 2005 can be acknowledged by the dispute between the parties or by the statements in the evidence Nos. 2-1 and 2-2, but there is no evidence to acknowledge that each of the above money was paid as a loan (including each of the evidence Nos. 1 through 7 (including 2 and 3)). In full view of the whole purport of the pleadings, the Plaintiff appears to have paid each of the above money to Defendant B by lending the above money to a third party and distributing the interest income accrued to the Defendant C by promising to distribute the interest income accrued to the Defendant C.
[2] Therefore, the Plaintiff’s claim is without merit. (2) In full view of the Plaintiff’s claim on the loan of KRW 5 million on September 20, 2005, the Plaintiff’s claim on the loan of KRW 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000