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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff transferred KRW 55,300,000 to the Defendant’s account, Defendant’s family G, H’s account, and I account as shown in attached Table 1 from August 31, 2005 to June 15, 2007, respectively, to the Defendant’s account, Defendant’s family G, and H company operating the Defendant.
B. On June 4, 2004, the Defendant borrowed KRW 5,500,00 from the Plaintiff and delivered to the Plaintiff a certificate of loan stating that “I shall repay the above amount to the Plaintiff on December 30, 2004.”
In addition, the Plaintiff paid the Defendant a total of KRW 23,470,280 on eight occasions, as shown in attached Table 2, directly to the Defendant, or remitted to the Defendant and the Defendant’s seat to the J, K, L, and M’s account.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 8, the purport of the whole pleadings
2. The Plaintiff asserts that all of the above KRW 23,470,280 and KRW 55,300,000 among the above KRW 23,470 and KRW 23,470,280 among the above KRW 23,470 and KRW 280 as indicated in the attached Table 2 had been repaid by the Defendant during that period, and that the Defendant had a remainder of KRW 55,30,000 loans against the Defendant. On the other hand, the Defendant asserts that
In light of the following circumstances acknowledged in addition to the purport of the entire pleadings, i.e., ① the Plaintiff’s family, person’s name account, and company’s name transfer not only to the Defendant’s account but also to the Defendant’s account, it is difficult to deem that the Plaintiff was paid as a living expense in a de facto marital relationship; ② also, it appears to be an excessive amount compared to the Plaintiff’s income in a de facto marital relationship; ③ the Defendant is deemed to have borrowed a loan certificate and borrowed money from the Plaintiff; ③ The Defendant is deemed to have also borrowed money, and the above KRW 55,300,000 is highly probable that the Defendant borrowed money.
Therefore, there are no special circumstances.