대여금
1. The Defendant’s KRW 20,000,000 as well as 5% per annum from February 12, 2017 to June 22, 2018 to the Plaintiff.
1. Basic facts
A. The Plaintiff is a person who operates a sexual outdoor department C in Gangnam-gu Seoul Metropolitan Government, and the Defendant was a person who served as a counselor from February 2, 2014 to September 2015 at the above member of the Council from September 2015.
B. On August 1, 2014, the Plaintiff withdrawn KRW 100,000,000 from the Plaintiff’s deposit account and delivered it to the Defendant. On September 24, 2014, the Plaintiff remitted KRW 20,000 to the Defendant.
C. On December 1, 2016, the Plaintiff and the Defendant received KRW 20,000,000 from the Plaintiff, and the legal relationship between the parties is extinguished and no civil or criminal measure is taken.
On December 1, 2016, the Plaintiff transferred KRW 20,000,00 to the Defendant’s deposit account.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 16, Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. On July 2014, Plaintiff requested the Defendant to borrow money necessary for purchasing apartment units, and leased KRW 120,000,000 on August 1, 2014 and September 24, 2014.
On September 8, 2015, the Plaintiff requested the Defendant to repay the above loan, and the relationship between the Plaintiff and the Defendant was omitted, and the Defendant continuously spreaded the Plaintiff’s false information about the Plaintiff’s sexual out of prison and member, thereby hindering the operation of the hospital and threatening the Plaintiff.
On December 1, 2016, the Plaintiff made a letter of commitment to such acts by the Defendant and paid KRW 20,000,000 to the Defendant. This is revoked by coercion.
Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 120,000,000, unjust enrichment of KRW 20,000,000, and damages for delay.
B. The Defendant’s payment of KRW 120,00,00 to the Defendant on August 9, 2014 was made to the Defendant, taking into account the Defendant’s contribution to the operation of the hospital, and the Defendant’s contribution was made for the purpose of morale.
Defendant-friendly D.