대여금
1. The defendant shall pay 25,00,000 won to the plaintiff and 20% per annum from July 18, 2007 to the day of complete payment.
1. According to the evidence Gap's evidence Nos. 1 and 2 as to the cause of the claim, in the case of loans against the defendant for Goyang-gu District Court 2004Kadan10063 which the plaintiff raised against the defendant, "the defendant is obligated to pay to the plaintiff 25 million won and the amount calculated by the rate of 5% per annum from April 16, 2003 to September 22, 2004, and 20% per annum from September 23, 2004 to the day of full payment." Thus, the defendant is obligated to pay to the plaintiff the amount ordered by the above final judgment.
2. Judgment on the defendant's assertion
A. As to the assertion on the existence and scope of an obligation, the Defendant alleged to the effect that the amount received from the Plaintiff is not KRW 25 million, but KRW 18 million, and the above KRW 18 million is the money used during the marriage and not the loan, but the Defendant has no obligation to pay to the Defendant. However, such assertion is not acceptable as it violates the res judicata of the above final judgment.
B. Next, the Defendant’s defense of partial repayment is a defense to the effect that KRW 16 million deposited by the Defendant was paid by the Plaintiff as the Plaintiff’s withdrawal. Accordingly, according to each of the statements set forth in Nos. 3 through 7, No. 4-1 and No. 2, the Plaintiff filed a complaint with the Defendant for the fraud of borrowing money, and the Defendant was investigated and tried on July 19, 201 by designating the Plaintiff as the principal deposit in the process of the investigation and trial by the Defendant, the Defendant deposited each of the above deposited KRW 16 million in Suwon District Court Decision 2468, No. 2468, Jun. 19, 201, Suwon District Court Decision 201, Suwon District Court Decision 313, Sept. 18, 2012, KRW 16 million,000,000, respectively, and each of the above deposited money deposited by the Plaintiff.
In the course of investigation or criminal trial against the perpetrator of the illegal act, the amount paid at the time of the agreement shall, in principle, be paid as part of the compensation for damages.