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1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
The defendant.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff borrowed KRW 70 million from D on March 3, 2009, KRW 70 million from E on July 2, 2009, KRW 70 million from E on July 30, 2009, and KRW 40 million from F on July 30, 2009, and lent KRW 180 million to the Defendant.
Then, around August 2017, the Plaintiff, at the Defendant’s request, reduced the obligation to KRW 90 million, and the Defendant paid a total of KRW 40 million to the Plaintiff.
Therefore, the defendant is obligated to pay the remaining KRW 50 million to the plaintiff.
B. The defendant's assertion that he did not borrow money from the plaintiff.
G was forged in the name of the Defendant and delivered to the Plaintiff with a loan certificate of KRW 30 million. The Defendant did not have a duty to repay, but paid KRW 30 million to the Plaintiff in good faith, and only paid additional KRW 10 million thereafter.
2. Determination as to the assertion on the cause of claim
A. 1) On August 18, 2017, the Plaintiff: Ulsan District Court 2017Kadan6339 decided August 18, 2017 (hereinafter “instant prior suit”).
(2) On February 22, 2018, the Defendant filed a lawsuit against the Defendant on the ground of the said Plaintiff’s assertion, and withdrawn the said lawsuit. On or around December 12, 2017, the Defendant, during the said lawsuit, submitted a written reply to the effect that “The Defendant borrowed money from the Plaintiff, but paid the final amount of KRW 30 million on or around October 31, 2017, and settled all the debt relations with respect to the borrowed money.” Meanwhile, on January 29, 2018, the Defendant, who was in the process of the instant lawsuit, promised to pay KRW 20 million to the Plaintiff by October 30, 2018 (hereinafter “the instant loan certificate”).
3) The Defendant paid to the Plaintiff KRW 28 million on October 31, 2017, KRW 20 million on December 2017, KRW 200,000, and KRW 10 million on three occasions from February 2019 to April 2019, respectively.