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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. In the first instance court, the Plaintiff sought payment of KRW 4,00,000 from the Plaintiff’s loan to the Defendant, ② KRW 6,000,00 from among the human test cost paid by the Plaintiff on behalf of the Defendant, ③ unpaid benefits of KRW 2,643,00, ④ 200,000 and gravel expenses of KRW 160,00 from the store and store, and KRW 500,000 from the expenses of KRW 4,00,000, and KRW 6,000 from the human test cost. The first instance court rejected the remainder of the Plaintiff’s claim.
Since only the defendant appealed against this, the judgment of this court is limited to 4,000,000 won of loans and 6,000,000 won of artificial park expenses.
2. Basic facts
A. On June 30, 2015, the Defendant, upon the introduction of the Plaintiff’s land C, leased the building Gyeonggi-gun E (hereinafter “instant building”) from D, which was KRW 50,000,000, and KRW 4,000,000 per the rent month.
B. The Defendant was handed over the instant building from D on July 16, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 2, the purport of the whole pleadings
3. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion (1) demanded that D pay the rent in advance to the Defendant, and the Plaintiff, at the Defendant’s request, lent KRW 4,000,000 to the Defendant by paying the rent of KRW 4,000,000 to D. As such, the Defendant must pay KRW 4,00,000 to the Plaintiff.
(2) At the Defendant’s request, the Plaintiff received KRW 4,00,000,00 after paying KRW 10,000 for the interior cost of the instant building. Therefore, the Defendant shall pay KRW 6,00,000 for the remainder of the interior cost to the Plaintiff.
B. (1) The Plaintiff’s transfer of KRW 4,00,000 to the deposit account in the name of D on July 27, 2015, in full view of the purport of the entire pleadings as indicated in each of the evidence No. 1 and No. 7-1 of the evidence No. 1 and No. 7-1 of the loan amount of KRW 4,00,000.