대여금
1. The Defendant’s KRW 23,571,428 as well as the Plaintiff’s annual rate of 5% from March 4, 2015 to October 30, 2015, and the following.
1. Basic facts
A. The Plaintiff has children D and E as the denial of the deceased C (Death around January 2015) with the deceased C.
B. On July 15, 2003, the Plaintiff deposited KRW 90,000,00 in the national bank account (Account Number:F) in the Defendant’s name.
The details of the receipt C: 80,000,000 won ( e.g. 80,000,000): The above amount was leased from C on July 15, 2003 by C and received the above amount.
Issue Date: issuer on October 24, 2003: G Real Estate Representative B
C. On October 24, 2003, the Defendant drafted a receipt (Evidence A 3) with the following content to the net C.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings
2. Judgment as to the main claim
A. A. Around July 5, 2003, the Plaintiff: (a) around July 5, 2003, lent interest of KRW 90,000 per annum to the Defendant; and (b) the Defendant is obligated to pay damages for delay for the remainder of the loan principal and interest (as of February 10, 2015) paid by the Plaintiff out of the above loan, totaling KRW 172,136,986, and the remainder of the loan amount of KRW 80,000,00,000.
B. As seen earlier, the Plaintiff paid KRW 90,000,000 to the Defendant’s account on July 15, 2003 is insufficient to recognize that the Plaintiff directly lent KRW 90,00,000 to the Defendant solely on the same facts.
Rather, considering the contents of the above receipt (Evidence A) as seen below, it is reasonable to view that the deceased C, the husband of the Plaintiff, lent the above KRW 90,000 to the Defendant.
Therefore, the plaintiff's above assertion is without merit.
3. Judgment on the conjunctive claim
A. A. Around July 5, 2003, the part of the judgment on the cause of the claim 1, the deceased C, the husband of the Plaintiff, lent the interest amount of KRW 90,000,000 to the Defendant at KRW 10,000 per annum, and the Plaintiff, as the co-inheritors of the deceased C, has share of 3/7 shares of inheritance.
Therefore, the defendant received reimbursement from the plaintiff among the plaintiff's above loans.