대여금
1. The Defendant’s KRW 23,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 18, 2014 to May 12, 2015.
1. The following facts may be found either in dispute between the parties or in view of the whole purport of the pleadings in each entry in Gap evidence No. 1-1-3 and No. 2:
The plaintiff filed a marriage report with C on July 22, 2004, while living a married couple on or around October 25, 2013, the plaintiff is the former spouse of C whose divorce conciliation has been concluded on or around October 25, 2013, and the defendant is the father of C.
B. The Plaintiff’s KRW 20,000,000 on September 5, 2006 to the Defendant for the same month
6. Each remittance of KRW 8,000,000 to lend it.
2. Determination
A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 28,000,000 and the delay damages thereon, unless there are special circumstances.
B. The defendant's assertion as to the defense of the defendant 1, as follows, asserts that the defendant paid all the loans and interest thereon to the plaintiff.
① On October 26, 2006, C transferred KRW 10,000,00 to the account in the name of D, a seller, for partial repayment of the above loan.
② On March 5, 2007, C delivered KRW 15,000,000 in cash to C, and C deposited it into the account under its name. Afterward, C deposited it into the account under its name on December 13, 2007; and thereafter, each of 1,00,000,000 won on January 15, 2008; and KRW 70,000 on April 24, 2008; and
6. 25.1,00,000 won, and the same year.
8. 27.1,00,000 won, and 300,000 won on March 1, 198, were remitted respectively.
2 According to the reasoning of the judgment below, Gap evidence Nos. 6, Eul evidence No. 15, Eul evidence No. 15, and witness Eul's witness's witness's testimony and the whole arguments, Eul can be acknowledged that around March 5, 2007 after receiving a cash of KRW 15,00,000 from the defendant's wife and depositing it into the passbook in the name of the passbook, and then remitting KRW 5,00,000 among them to the plaintiff. Thus, barring any special circumstance, the defendant's loan obligation against the plaintiff was extinguished due to repayment within the extent of the above amount.
On March 5, 2007, the Plaintiff received money from C around March 5, 2000.