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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
Reasons
1. Facts of recognition;
A. On July 15, 2008, the Plaintiff: (a) from the National Bank of Korea Co., Ltd. to the loan period of KRW 17,00,00,000 as a loan for housing purchase; (b) decided to obtain a loan in the form of a floating interest rate; and (c) on the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to the third floor No. 302 (hereinafter “the building in this case”) of the CHousing No. 302 (hereinafter “the building in this case”) owned by the Plaintiff to the National Bank of Korea on July 15, 2028, in order to secure the above loan obligation.
Accordingly, on the same day, the Plaintiff received 16,960,000 won, excluding the cost of establishing collateral from the National Bank Co., Ltd. for the above loans, from the Plaintiff’s National Bank D Account, and deposited the entire amount to the Defendant’s Agricultural Cooperative E Account.
B. From August 18, 2008 to July 17, 2015, the Defendant deposited several times to pay part of the principal and interest of the loans specified in the said paragraph with the national bank account in the name of the Plaintiff. The remaining principal is KRW 14,064,347, based on July 17, 2015.
C. After that, on September 8, 2015, the Plaintiff repaid the entire amount of the loans under the foregoing paragraph to the National Bank of Korea.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 7, Gap evidence 11, and 16, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) As the Defendant borrowed money, the Plaintiff obtained a loan of KRW 17,00,00 from the National Bank of Korea, Co., Ltd. on July 15, 2008, and lent it to the Defendant. At the time, the Defendant, while paying the principal and interest of the said loan, decided to repay in full until July 15, 201. However, until July 17, 2015, the Defendant did not repay only the remaining loans after paying only KRW 2,935,653 and interest of KRW 5,369,98 as the principal and interest of the said loan until July 17, 2015.
3. On September 8, 2015, the Plaintiff repaid the full amount of the remaining loans to the National Bank of Korea, and the Defendant.