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1. Revocation of a judgment of the first instance;
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the facts that there is no dispute between the parties to the judgment as to the cause of the claim and the purport of the entire arguments as to Gap evidence Nos. 2 and 5, the plaintiff lent 40 million won to F with interest of KRW 1,00,000 per month, which is 2.5% per month. On November 22, 2007, the principal amount of KRW 40,000,000, out of the above loans, was repaid, and the amount of the unpaid loan was 9,00,000,000, and the amount of the unpaid loan was 9,000,000,000, F died on September 24, 2008, and the heir died on September 24, 2008, and the heir D, Defendant B, and the designated person E (hereinafter the above wife and children collectively referred to as the "defendant, etc."), barring any special circumstance, the defendant, etc. is obligated to pay the aforementioned unpaid loan and delay damages to the plaintiff.
[On the other hand, the plaintiff asserts that the unpaid loan funds at the time were KRW 9,370,00,000. However, the evidence No. 1 (Evidence) was prepared by the designated party C on behalf of the networkF, and there is no evidence to acknowledge the existence of the right of representation, etc., so the above loan certificate cannot be viewed as effective as against the networkF, and there is insufficient evidence to acknowledge the above assertion solely with the statement of evidence No. 2, and there is no other evidence to acknowledge it (the defendant asserts that the above difference is KRW 370,000 as a certified judicial scrivener fee
(B) Furthermore, even if the above outstanding funds are recognized as KRW 9,370,000, this should be deemed to have been fully repaid as follows).
2. On January 14, 2010, the Defendant asserted that the Defendant repaid the above KRW 9,000,000 on the part of the Defendant’s assertion of reimbursement, and again, the Plaintiff loaned the above KRW 9,000,000 to the Defendant on September 19, 200, but was fully reimbursed the above KRW 15,00,000.
In full view of the whole purport of the arguments in the statement Nos. 8 through 11, and No. 2, the plaintiff is a network with the Jinyang-si District Court around May 2008.