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1. Of the judgment of the court of first instance, KRW 20,811,510 against the Plaintiff as to the Defendant and its related amount, from April 15, 2018 to May 29, 2019.
Reasons
1. The Plaintiff, in the deposit account in the name of C, who is his own child, remitted the Defendant a total of KRW 20 million on July 25, 201, and KRW 42 million on July 26, 201, respectively, to lend a total of KRW 20 million to the Defendant.
(hereinafter “instant loan”). [Ground for recognition: Facts without dispute, Gap 1, and Eul 5 (including paper numbers; hereinafter the same shall apply)
(2) Each entry and the purport of the whole pleading
2. The Defendant asserts that the lawsuit of this case should be dismissed since it is unfair for the Plaintiff to bring a suit against the Defendant for a loan of KRW 22 million among the instant loans by the Daegu District Court 2015Kadan2070, Daegu District Court, but the judgment of dismissal becomes final (hereinafter “previous lawsuit”), and the Plaintiff to bring a suit again for the same reason.
On the other hand, the previous lawsuit is that the person who lent the loan of this case is the plaintiff's child C, and since the lawsuit of this case is one of the plaintiff himself, the two lawsuits cannot be deemed identical. Thus, the defendant's above assertion is without merit.
3. The party's assertion and judgment
A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to repay the loan amounting to KRW 42 million to the plaintiff, except in extenuating circumstances.
B. The defendant's assertion of subrogation 1) The defendant's assertion is based on the plaintiff's D Co., Ltd. (hereinafter "D") agreement with the plaintiff.
(2) Under the overall purport of the arguments and arguments, the above subrogated amount of KRW 20 million was paid by subrogation to H Co., Ltd. which is the related company of D on December 30, 201, ③ The Plaintiff paid KRW 20 million in the name of H Co., Ltd. which is the related company of D on December 30, 201; ③ The Plaintiff’s own repayment of KRW 20 million out of the loan of this case to the Defendant at the place of business.