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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Basic facts
A. The plaintiff and the defendant are the husband of the plaintiff's female E.
B. On September 23, 2008, the Plaintiff deposited KRW 5,944,00 in C’s account. 2) The Plaintiff was issued a promissory note 1 (hereinafter “the Promissory note in this case”) with the following time: (a) the Plaintiff deposited money as above; (b) the Plaintiff received the delivery of a note 5,000 won (hereinafter “instant note”) from the issuer Co., Ltd.; (c) D Co., Ltd., which is the recipient; (d) the amount of KRW 65,00,000; (e) D Co., Ltd.; and (e) the date of payment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. As to the lawsuit of this case claiming the return of money by asserting that the plaintiff lent money to the defendant for the judgment on the defense prior to the merits of this case, the defendant asserts that "the lawsuit of this case must be dismissed since the defendant did not have concluded a loan for consumption with the plaintiff since it was not a party standing
However, in a lawsuit for performance, the standing to be a party has the standing to be the defendant, so the defendant's defense is without merit.
3. Judgment on the plaintiff's claim
A. The plaintiff's assertion 1) on September 23, 2008, upon the defendant's request, lent the bill of this case to the defendant as security. On January 31, 2009, the repayment period of the loan was agreed to be KRW 65 million, and KRW 5,40,000,00,000,000, which was 5,560,000 prior to the due date, was remitted to the defendant's account designated by C. However, on August 14, 2012, the defendant paid KRW 11,789,679 to the plaintiff, which was appropriated for interest, and the remaining KRW 3,210,321 to the principal. Accordingly, the defendant did not have any obligation to pay the loan to the plaintiff 61,789,679,000 won (=65,000,000 won - 3,210,310,210).