1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Basic Facts

The reasoning for this Court's explanation is as follows, except for adding the following facts-finding to the second half of the judgment of the court of first instance, and therefore, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 42

(C) On January 2, 2014, the Defendant filed a lawsuit against the Plaintiff seeking payment of KRW 100 million (Seoul Southern District Court 2014Da141). The Plaintiff filed the instant lawsuit against the Defendant on March 20, 2014. The Defendant’s claim against the Plaintiff was dismissed in the first instance trial, and the Defendant’s appeal was dismissed in the appellate trial (Seoul Southern District Court 2015Na52126). The Defendant appealed on the ground of the claim (Supreme Court 2016Da227861). The Defendant’s appeal was filed against the Plaintiff on February 5, 2007, on the assertion that the Defendant did not return the Plaintiff’s loan and interest on the ground of the claim after receiving payment of the Plaintiff’s loan and interest on the loan from X from X (Supreme Court 2016Da227861).

For this, X remitted the interest of KRW 1.5 million to the Defendant account from April 2007 to September 2008, and remitted the total of KRW 27 million to the Defendant account. On June 26, 2008, X repaid the total of KRW 45 million out of the principal and KRW 5 million out of the principal on September 1, 2008, and KRW 50 million out of the principal on September 1, 2008.

However, the defendant did not pay to the plaintiff the total amount of KRW 7 million (=27 million).

Judgment

The Plaintiff’s transfer of KRW 60 million to X via the Defendant account on February 12, 2007 to X, the fact that X transferred KRW 27 million in total from April 2007 to September 2008, and KRW 5 million on June 26, 2008, and KRW 77 million on September 1, 2008, to the Defendant account may be recognized as a result of each of the response to an order to submit financial transaction information issued by the first instance court to the National Bank Co., Ltd. as of July 8, 2014 and July 16, 2014.

However, X is the defendant.