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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for adding the following judgments as to the assertion that the Defendants stressed or added at the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Whether the Plaintiff’s claim for the instant loan was extinguished due to repayment or not, the intent of the Defendants’ assertion was extinguished due to the repayment of KRW 10,000,000 (including KRW 70,000 in cash) on June 28, 2016.
Judgment
In full view of the entries and the purport of the entire arguments in subparagraph 2, the fact that the sum of KRW 9,930,000 has been transferred from the account in the name of Defendant C to the account in the name of Plaintiff D on June 28, 2016 is recognized.
However, in light of the following circumstances, the above facts alone are insufficient to recognize the above fact of repayment, and there is no other evidence to acknowledge it.
The above assertion by the Defendants is without merit.
① Defendant B: “10,000,000 won” to the Plaintiff on March 21, 2016
6.25. The promise to repay;
(A) have drawn up a loan certificate with the content of "sum repayment of money".
Since the above KRW 9,930,00 has been transferred three days after the due date, there is a possibility that the designation, appropriation or agreed appropriation may be made for the repayment of the above loan and the obligation.
② After the transfer of the above account, the Defendants did not collect the loan certificate from the Plaintiff on the instant loan obligation, or did not receive a receipt.
③ The Defendants asserted that “the Plaintiff’s money” (the Plaintiff’s money) refers to the instant loan, but such expression alone cannot be deemed as the same obligation as the instant loan.
The Defendants’ assertion as to whether the Plaintiff’s claim for the payment of the instant fraternity was extinguished due to repayment from February 28, 2017 to the point of view of the Defendants’ assertion
8. By October, 198, the Plaintiff received total of KRW 68,290,000 from the Plaintiff and added to the Plaintiff.