1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the revoked part.

1. In the first instance court, the Plaintiff sought the return of the loan against the Defendant and the co-defendant C in the first instance court. The first instance court, upon the Plaintiff’s request, partly accepted the claim against the Defendant, and dismissed the remainder of the claim against the Defendant and the claim against the co-defendant C in the first instance court.

Since only the defendant appealed against this, the subject of the judgment of this court is limited to the part against the defendant among the plaintiff's claims against the defendant.

2. Fact-finding ① The Plaintiff served as the secretary of a certified judicial scrivener’s office, and the Defendant served with the Plaintiff from around April 2014 to April 25, 2016, while receiving wages from the Plaintiff.

On the other hand, the defendant, who was co-defendant of the first instance trial, completed the marriage report on May 26, 2003 and had been married since that time.

② The Plaintiff and the Defendant were working together as above, and the relationship was continued until June 2017.

③ Meanwhile, frequent money transactions between the Plaintiff and the Defendant exist as follows.

From March 5, 2015, the Plaintiff paid a certain amount of money (1.5 million to 1.5 million won from March 5, 2015, and 1.87 million won from August 5, 2015) to April 25, 2016, which the Defendant had a certified judicial scrivener office of the Plaintiff.

On September 30, 2014, the defendant extended a loan of KRW 20 million from the D Bank and lent it to the plaintiff again.

From May 4, 2016 to January 2, 2017, the Plaintiff deposited a total of KRW 3850,000 to the Defendant’s account for the purpose of repaying interest on the loan.

B. On December 3, 2015, the Defendant lent 4 million won to the Plaintiff, and the Plaintiff repaid the amount on March 7, 2016.

㉣ 원고는 피고 명의의 신용카드를 사용하면서 2016. 1. 1.부터 2017. 6. 5.까지 약 3억 6,000만 원을 결제하였고, 이에 상응하는 금원을 피고 명의의 예금계좌에 입금하였다.

On the deposit date, the transaction record of the statement of non-deposit transaction shall be recorded on the deposit date.