대여금
1. The Defendant shall pay to the Plaintiff KRW 27,785,816 and the interest rate of KRW 15% per annum from January 10, 2017 to the date of complete payment.
1. Basic facts
A. The Plaintiff lent a total of KRW 28,785,816 to the Defendant as indicated below.
B. From January 26, 2016 to June 10, 2016, the Plaintiff was paid a total of KRW 1,000,000 from the Defendant.
[Evidence] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff a loan of KRW 27,785,816 (i.e., KRW 28,785,816 - KRW 1,000,00) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from January 10, 2017 to the date of full payment, except in extenuating circumstances.
3. Judgment on the defendant's assertion
A. 28,785,816 won that the Plaintiff transferred to the Defendant by the Defendant’s assertion is not a loan, but a donation made by the Plaintiff to the Defendant while living together with the Defendant.
Even if the money transferred by the Plaintiff was a loan, the Defendant repaid KRW 20,621,50 in total to the Plaintiff from March 20, 2012 to June 10, 2016.
B. The following circumstances are acknowledged based on Gap evidence Nos. 1 and 2, the results of the order to submit financial transaction information to the organization C of this Court, and the purport of the entire pleadings, namely, ① the plaintiff demanded to pay the defendant continuously and the defendant paid the money to the plaintiff.
The following dialogues have been made because there is no or no money, ② most of the money transferred by the Plaintiff to the Defendant appears to have been used for personal purposes, such as the Defendant’s card payment, etc. ③ The Plaintiff asserts that the money transferred by the Defendant was the price for the goods at the network marketing where the Plaintiff was the Defendant together with the Plaintiff at the time, and ④ considerable of the amount claimed by the Defendant is the remittance of the Plaintiff’s loan.