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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. Basic facts
A. (1) On December 29, 2014, the Plaintiff’s account opened in the name of the Defendant, which is the Plaintiff’s external third village, with the amount of KRW 30,000,000 (hereinafter “the amount of KRW 1”).
(2) On January 29, 2015, the Plaintiff paid KRW 20,000,000 in cash to the Defendant (hereinafter “FFF”).
3) On January 20, 2015, the Plaintiff: (a) KRW 50,00,000; (b) KRW 10,00,000,00 on March 5, 2015; and (c) KRW 15,00,000 on May 30, 2015; and (b) KRW 90,000,000 on June 15, 2015 (hereinafter referred to as “ KRW 3 gold”).
(4) From March 18, 2015 to May 12, 2015, the Plaintiff paid for the repair cost, personnel cost, 18,670,970 won for a power-driven vessel D purchased from E (hereinafter “instant vessel”) purchased from E (hereinafter “instant vessel”).
5) On March 5, 2015, the Plaintiff: (a) was a new and lot with the Plaintiff’s name; and (b) the Plaintiff’s unpaid portion of KRW 847,210, out of money borrowed from one card loan; and (c) the Plaintiff’s unpaid amount of KRW 847,210
(6) On October 1, 2015, the Plaintiff paid the unpaid amount of KRW 7,120,554 (hereinafter “FF”) among the money borrowed and used by the Defendant from a new card loan held in the name of the Plaintiff on a monthly basis.
7) The Plaintiff’s purchase cost of red and drinking water at the Defendant’s request and the cost of selective distribution 134,000 won (hereinafter “seven won”).
B) The Defendant spent the Plaintiff’s account. B. The Defendant spent the Plaintiff’s KRW 5,00,000,000 on January 27, 2015, and KRW 15,00,000 on July 28, 2015, and KRW 10,000 on September 23, 2015, and KRW 10,000,000 on October 26, 2015, and KRW 55,00,000,000 on the aggregate of KRW 10,00,00 on January 27, 2015 (hereinafter “payment 1”).
3,117,658 won (hereinafter referred to as “second-class payment”) shall be remitted.
(1) paid to the Plaintiff. [Grounds for recognition] The Plaintiff did not dispute, Gap evidence Nos. 1 to 5, Eul evidence Nos. 1 to 4 (which may include the number; hereinafter the same shall apply)
each entry, the purport of the whole pleading
2. Grounds for the plaintiff's claim.
A. Plaintiff 1 lent KRW 166,722,734 to the Defendant the sum of KRW 166,72,734.