대여금
1. The Defendant shall pay to the Plaintiff KRW 108,00,000 as well as 20% per annum from March 14, 2015 to the date of full payment.
1. In full view of the overall purport of the pleadings as to the cause of the claim Gap evidence No. 1 and evidence No. 2-1 through No. 7, the Defendant borrowed KRW 108,00,000 from the long-term mother Plaintiff as a business fund from August 2011 to the long-term mother Plaintiff on April 28, 2014, and written a written confirmation to the effect that the Plaintiff would be punished for all civil and criminal charges in the event that the above loan is repaid in one million won each month from July 20, 2014 to the short-term contact with the Plaintiff on a certain period of time (hereinafter “instant written confirmation”).
Of the confirmation letter, the amount of the loan is "10,800,000 won" in Arabic figures, but it is written as "one hundred million won in Korean" in that language. In light of the fact that the above Arabic number is written as "one hundred million won in Korean, it is deemed that the entry is written in writing."
The defendant may each recognize the fact that the above agreement has not been fulfilled.
According to the above facts, the defendant is obligated to pay the above loan to the plaintiff unless there are other special circumstances to the contrary.
2. Judgment on the defendant's defense
A. The defendant did not borrow the above money from the plaintiff, and the confirmation of this case was inevitably prepared by the plaintiff's verbal abuse and pressure while leaving home around May 2014 due to the divorce issue with C, who is his/her father and wife, while leaving home around May 2014. However, there is insufficient evidence to acknowledge this by only the descriptions of the evidence Nos. 1, 2-1, and 2, and there is no other obvious evidence to acknowledge this.
B. The defendant asserts that, while the amount transferred to the defendant by C again to the defendant was a total of KRW 388,475,00, the defendant paid all the money borrowed from the plaintiff except KRW 4,748,280,00, the above difference was remitted to C by transferring KRW 383,726,720. However, in light of the fact that the defendant was in a marital relationship with C, it is difficult to conclude that the amount deposited to C is the name of the repayment of the plaintiff's borrowed money, and there is no other evidence to acknowledge this.
The defendant's defense is all.