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Among the judgment of the first instance, the part against the plaintiff who is ordered to pay additional money shall be revoked.
Reasons
1. Basic facts
A. The plaintiff in relation to the parties is the mother of the defendant, and the defendant is the husband of the plaintiff's father C.
B. On July 20, 2009, on the loan certificate between the Plaintiff and the Defendant, the Defendant and C borrowed KRW 300 million from the Plaintiff on July 20, 2009, with the loan of KRW 300 million as the purchase fund for apartment buildings: The amount borrowed KRW 300 million. The above amount is confirmed to have been repaid upon the lease or sale of D apartment E., and the above amount is confirmed to have been repaid upon October 10, 201. The Defendant used KRW 138,245,00 for the Plaintiff’s term deposit of Han Bank on October 10, 201, and prepared the following loan certificate (Evidence 1; hereinafter “the first loan certificate of this case”).
Amount: The above amount, from October 10, 201 to March 2012, 201, shall be charged for KRW 138,245,000,000.
3) On November 20, 2013, the Defendant, on November 20, 2013, shall provide the Plaintiff with the following certificates of borrowing (No. 2, hereinafter “the second certificates of borrowing”).
(C) On July 20, 2009, the Defendant paid KRW 250 million out of the borrowed money as of July 20, 2013 to the Plaintiff on November 20, 2013. At the time, the Plaintiff entered the lower portion of the borrowed money of KRW 30 million on July 20, 2009, stating that “The Plaintiff was paid KRW 250 million out of the borrowed money of KRW 250 million on July 20, 2013, and signed thereon [the grounds for recognition], the number of subparagraphs 1 through 37, and the same shall apply].
each entry, the purport of the whole pleading
2. The plaintiff alleged by the parties concerned did not pay the defendant the amount of money for the first and second evidence of this case to the defendant. Thus, the defendant did not pay the defendant the total amount of money for the second and second evidence of this case to the plaintiff = 138,245,00 won = 138,245,00 won.