대여금
1. The Defendant shall pay to the Plaintiff KRW 36,50,000 and the interest rate of KRW 15% per annum from August 11, 2016 to the date of full payment.
1. Facts of recognition;
A. The Defendant newly constructed the 4th floor building on the land in Suwon-si, Suwon-si, which was initially awarded a contract for construction work with the Defendant, and the Nonparty E, who was given a subcontract for a part of the construction work, experienced difficulties in purchasing the construction materials due to the shortage of the construction funds, as a result of an agreement with the Defendant, drafted a lease contract of KRW 50 million with the lessee for the 1st floor of the said new building, and then completed the construction work to purchase the construction materials necessary for the construction as security, and then offered a defective settlement at the time of the settlement of the construction expenses. The Defendant prepared and issued a lease deposit for the said 101 building to E from September 24, 2015, for the period, from September 24, 2015, the lessee, and from September 24, 2015.
B. In providing the Plaintiff with the above lease contract, the Plaintiff asked the Plaintiff to lend the construction cost, and the Plaintiff demanded that the Plaintiff be permitted by the owner of the building, and the Plaintiff, as the husband of the Defendant, consulted with F and F, who participated in the construction work, and then transferred the construction cost to the Defendant’s bank account as the owner of the building, the Plaintiff would immediately transfer the said money to E, use the said money for the construction cost, and pay the Plaintiff the said loan upon completion of the construction cost.
C. Accordingly, on October 3, 2015, the Plaintiff entered the Defendant’s bank account as the deposit date of KRW 27 million in the application for the payment order submitted by the Plaintiff on October 3, 2015 as the deposit date on January 3, 2015, which is apparent that it is a clerical error in the entry on October 3, 2015.
On October 16, 198, a total of KRW 36.5 million was remitted, and the Defendant immediately remitted the deposited money to E bank account. D.
Meanwhile, the Plaintiff transferred money to the Defendant’s bank account as above, F is the amount of KRW 40 million, and on October 3, 2015, the date of loan, and on October 2, 2015, the Plaintiff and the Defendant.