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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The relationship between the parties 1) Joint Defendant C Co-Defendant C in the first instance trial (hereinafter “C”).
(2) The Plaintiff began with the Defendant from August 2004 to September 24, 2009, and the Plaintiff was living together with the Defendant. The Plaintiff is a company established for the purpose of manufacturing and selling bricks, etc., and the Defendant is a single shareholder and the representative director.
B. The Plaintiff’s loan 1) The Plaintiff’s loan 32,910,000 won (hereinafter “instant corporate loan”) by obtaining a standardized contract loan from Korea Life Insurance Co., Ltd. and paying C a total of KRW 32,910,000 on November 15, 2007, KRW 4,930,000 on November 6, 2007, KRW 24,5,000 on November 24, 2007, and KRW 10,000 on December 5, 2007 (hereinafter “instant corporate loan”).
(C) On September 13, 2006, C lent KRW 40 million to the Defendant on September 14, 2006, and C lent KRW 40 million to the Defendant on September 14, 2006.
At the time, the Defendant agreed to pay interest to the Plaintiff as interest, and to repay the personal loan of this case within three years.
2) The interest rate and overdue interest rate determined by the Daisung Agricultural Cooperatives were 7.6% per annum from June 17, 2009 to September 14, 2009, and 16.3% per annum from the next day to March 10, 2011, and 7.9% per annum and 13.9% per annum from the next day to September 12, 2014, and 7.8% per annum and 13.9% per annum from the next day to September 3, 2015, and 6.9% per annum and 12.9% per annum from the next day to September 12, 2015, and only 6.9% per annum and 12.9% per annum from the next day to September 15, 2016 to March 15, 2016) were paid to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 to 7, and the purport of the whole pleadings
2. Determination
A. Determination as to the cause of the claim