beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. The Plaintiff’s assertion (main cause of claim) lent a total of KRW 15,000,000 to the Defendant on January 19, 2012, including KRW 5,000,000 and KRW 10,000 on January 26, 2012, and the Defendant agreed to pay KRW 18,00,000,00,000, including interest by December 31, 2013.
2. Determination
A. Comprehensively taking account of the overall purport of testimony and arguments of Gap evidence No. 2, Gap evidence No. 2, Gap witness C, and Eul, the plaintiff may recognize the fact that the plaintiff remitted the sum of KRW 15,000,000 to the bank account in the name of Eul (the mother of the defendant) using the defendant's 26.10,000,000 on January 19, 2012 and lent the sum of KRW 15,000 to the defendant's (the defendant's her mother). There is no evidence to prove that the defendant agreed to pay KRW 18,00,000,000 including interest by December 30, 2013.
B. Therefore, the Defendant is obligated to pay to the Plaintiff 15,00,000 won with 5% per annum as stipulated in the Civil Act from October 2, 2015 to December 9, 2016, which is the day following the delivery date of the instant payment order, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
C. The Plaintiff asserts, as preliminary, that the Defendant’s KRW 15,00,000 remitted from the Plaintiff ought to be returned to the Plaintiff with unjust enrichment on the ground that there is no legal ground. However, the Plaintiff’s preliminary claim is deemed to be the claimant under the condition that the Plaintiff’s claim, which is a part of the primary claim, will be accepted, and thus, it cannot be determined separately.
3. In conclusion, the plaintiff's primary claim shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as without merit. Since the judgment of the court of first instance is partially unfair with different conclusions, the part against the plaintiff corresponding to the above recognition amount in the judgment of the court of first instance which partially accepted the plaintiff's appeal and ordered payment, and the remaining appeal of the plaintiff shall be dismissed. It is so ordered as per Disposition.