대여금
1. The Defendant shall pay to the Plaintiff KRW 35,00,000 and interest rate of KRW 15% per annum from January 3, 2018 to the date of complete payment.
1. Basic facts
A. The plaintiff is a child born between C and the former husband on May 22, 2007 after the defendant's mother C and the latter's marriage was completed on May 2, 2007.
B. On June 2014, the Plaintiff delivered KRW 35,000,000 to the Defendant via Police C.
C. Since August 14, 2014 to October 17, 2017, the Defendant remitted approximately KRW 150,000 to the Plaintiff via approximately 33 occasions.
On the other hand, the plaintiff and C are separate from each other on December 2017.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 6, the purport of whole pleading
2. The assertion and judgment
A. The Plaintiff claimed that the Defendant, who was in need of preparing the lease deposit, lent KRW 35,00,000 to the Defendant, and received KRW 150,000 monthly remittance as interest, while the Defendant received KRW 35,00,000 from C, and paid KRW 150,00 per month as the money with the indication of the margin.
B. In light of the fact that almost monthly remittances occurred between the Plaintiff and C, 150,000 won was directly remitted to the Plaintiff’s deposit account, and that the remittance was interrupted due to the occurrence of incombustibility between the Plaintiff and C, it is reasonable to view the above KRW 150,000 as interest for KRW 35,00,000 paid to the Plaintiff rather than the amount paid to C, and in addition, the relationship between the original Defendant and the time when the payment of KRW 150,000 was commenced, the Plaintiff should be determined to lend KRW 35,00,000 to the Defendant upon request by C upon request by C.
C. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 35,00,000,000, and the damages for delay calculated by the rate of 15% per annum from January 3, 2018 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order.
3. Thus, the plaintiff's claim is accepted on the ground of its reasoning.