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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim, including the part extended by this court.
Reasons
1. On February 23, 2012, the Plaintiff leased KRW 100 million to the Defendant, who is the husband of the Dong (C) on the ground of the claim. The repayment is a repayment key when the return of the deposit money for lease on a deposit basis and the purchase and sale amount of apartment houses are cashed, but the interest rate is 0.7% per month, and there is no dispute between the parties or can be recognized by the statements in the evidence Nos. 1 and 2. Thus, the Defendant is liable to pay the Plaintiff the borrowed principal KRW 100,000 and interest or delay damages.
2. Judgment on the defendant's defense
A. A. Around February 2011, the Defendant’s summary of the Defendant’s defense sold the F apartment Nos. 102 and 306, Goyang-gu, Yongsan-gu, Ilyang-gu, U.S., the Defendant: (a) sold the F apartment Nos. 102 and 143 million won (hereinafter “F apartment purchase price”); (b) and (c) charged the Plaintiff with the payment for his support; (c) around that time, the Plaintiff managed the said money and led the Plaintiff to support D while managing it.
However, on March 2012, 2012, immediately after his mother G's death, the defendant decided that D will not support D, and that D will use KRW 100 million borrowed from the plaintiff as the support fee for D, and the plaintiff also exempted the above loan debt with his consent.
Therefore, the defendant does not have the duty to repay the borrowed money to the plaintiff.
B. Determination 1) There is no dispute between the parties that the funds of KRW 100 million that the Plaintiff lent to the Defendant are part of the F apartment sale price. However, with respect to F apartment sale price, the Plaintiff asserts that it is the money owned by himself/herself, which is allocated under the Family Property Distribution Agreement, and the Defendant asserts that D is the money that D disposes of the F apartment owned by himself/herself, and that it is the money that D entrusts to the Plaintiff on the condition that D support himself/herself. Therefore, first of all, we examine what money the F apartment sale price is. The evidence Nos. 3, 7, 8, and 7, and 8 (if any) is available.