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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The plaintiff is a female student of C, and the defendant is the defendant's fraud.
Around October 2006, the Plaintiff: (a) around October 2006, the Defendant: (b) the husband of C and the Defendant, who is the head of the Defendant (hereinafter “the deceased”); and (c) the Plaintiff set KRW 20 million as the 2% of each interest month; and (d) each leased the amount of KRW 5 million to the Defendant.
(hereinafter “instant loan”). The Deceased died on November 25, 2006, and his heir, C, E (the spouse of the Defendant), F, and G, who is the wife, was the wife.
After the deceased's death, the Defendant remitted 1.5 million won per month to C's account from December 1, 2006 to July 2, 2007, and transferred 1.5 million won per month to the Plaintiff's account from July 2, 2007 to May 1, 2009, and remitted 1.420 million won as of June 1, 2009 to the Plaintiff on May 1, 2009, after remitting 1,420,000 won as of June 30, 2009. After remitting 2,00 million won as of June 30, 2009, the Defendant transferred 90,000 won as of July 31, 2009 to July 1, 2005, and then transferred 300,000 won as of July 31, 2009.
[Ground of recognition] The Plaintiff lent KRW 5 million to the Defendant around October 2006, the Plaintiff, who claimed the purport of the testimony and the entire pleadings by the witness C of the first instance trial, and the purport of the entire pleadings. The Deceased borrowed KRW 20 million from H and lent it to the Defendant.
After the death of the deceased on June 2007, the Plaintiff subrogated to H for the deceased for KRW 20 million. Accordingly, the Defendant recognized the Plaintiff as the creditor of the instant loan, and paid the Plaintiff monthly interest of KRW 1.5 million from July 2, 2007 to the Plaintiff for KRW 1.5 million, and on May 2, 2009 and June 2, 2009, paid KRW 50 million to the Plaintiff for KRW 25 million ( KRW 20 million + KRW 5 million).
However, the Defendant paid the last interest on October 15, 2015, and paid only KRW 5 million on December 30, 2015, and paid the remainder KRW 20 million until now.