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The part of the judgment of the first instance against the defendant shall be revoked.
The plaintiff, including the part extended in the trial.
Reasons
The plaintiff to the defendant C on April 16, 2010, KRW 3 million, and the same year
6.7.20,00 won, 40,000 won on the 14th of the same month, 18th of the same month and 12 million won on the 23th of the same month, respectively, and 10,000 won on the 29th of the same month, and the same year.
7.28.7 million won, and the same year;
9.7.5 million won, 20 million won for each 28th day of the same month and 10 million won for each 28th day of the same month, 5 million won for each 15th day of October and 19th day of the same month, 20 million won on February 25, 2011, and the same year.
3.17. Departments
4.5. 4 million won each,
5. 30.4 million won, and the same year.
9.5.2 million won, and the same year;
9. Each 1 million won on February 27, 2012 and February 27, 2012; and 10,000 won on March 6, 2012; and
4. 30.1 million won, and the same year.
6. 15.5.7 million won, and the same year.
8.24.3 million won, and the same year;
9.5. 2 million won and 1.17.17.1 of the same year are alleged to have lent money as above, however, with the plaintiff's former proof, it can only be acknowledged that B lent money to the account in the name of the defendant in a de facto marital relationship with the defendant, and that B used the money equivalent to the above borrowed money in expanding the hull of the ship owned by the defendant and opening the ship in the name of the defendant. Furthermore, it is insufficient to view that the defendant agreed to return each of the above amounts (Article 598 of the Civil Act provides that one party agrees to transfer the ownership of money or other substitute, and the other party agrees to return the same kind, quality, and quantity as such). There is no other evidence.
The plaintiff's claim shall be dismissed as it is without merit, including the part extended from the trial to the trial. Since the judgment of the court of first instance is unfair, the defendant's appeal is accepted, and the part concerning the defendant in the judgment of the court of first instance is revoked, the plaintiff's claim including the extended part in the trial is dismissed in whole, and all costs of the lawsuit between the plaintiff and the defendant shall be borne by the plaintiff who is the losing party