대여금
1. The Defendant (Counterclaim Plaintiff) paid KRW 20,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from June 11, 2013 to the date of full payment.
1. In full view of the purport of the entire pleadings as to the claim No. 1 and No. 7, the Plaintiff lent KRW 20 million to the Defendant on February 14, 2012, and the Defendant ordered to repay the said money within a prompt period of time, but it can be acknowledged that the Defendant did not pay the said money within a period of one year and did not comply with the Plaintiff’s demand for return thereafter.
According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the above borrowed money of KRW 20 million and the damages for delay calculated at the rate of 20% per annum from June 11, 2013 to the day of full payment, as the Plaintiff seeks.
2. Judgment on the counterclaim
A. The defendant's assertion (1) The non-party C needs money to the defendant.
On the other hand, the plaintiff was introduced to introduce the plaintiff, and when the plaintiff deposited to the defendant's married head of Tong, the defendant immediately remitted the money to C to C, and the plaintiff and C traded money by using the defendant's married head of Tong.
However, since the defendant had a recognition disorder and is not the same as his memory, the plaintiff transferred the amount equivalent to that of the transaction with C to the plaintiff, and the plaintiff unjust enrichment.
(2) The amount transferred by the Plaintiff to the Defendant is KRW 68,364,00 in total from December 27, 2010 to February 14, 2012. On the other hand, the amount transferred by the Defendant to the Plaintiff is KRW 167,440,00 in total from March 25, 201 to February 11, 2012.
(3) Of the money transferred by the Plaintiff to the Defendant, KRW 20 million on December 27, 2010 and KRW 20 million on January 11, 2011, C borrowed from the Plaintiff. Around March 25, 2011, C paid to the Plaintiff KRW 800,000 as interest, and paid KRW 1.5 million on June 15, 201 as principal and interest, and KRW 2.4 million on August 11, 201 as interest and interest, even if the Defendant was aware of such payment, and paid KRW 30,00,000 as interest and interest, KRW 1.5 million on August 11, 201 to February 2, 2012.