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1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from January 12, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. The plaintiff is the person who was the Silver of the non-party C, and the defendant is C's external third village.
B. On February 7, 2013, the Plaintiff transferred KRW 90 million to the Defendant’s account.
C. On July 2, 2009, C married with D, an infant of the Plaintiff, and divorced on March 2, 2016.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion was requested by the Defendant to lend business funds on or around February 2013, and on February 7, 2013, the Plaintiff lent KRW 90 million to the Defendant. As such, the Defendant should pay the Plaintiff the said KRW 90 million and damages for delay.
B. Although the plaintiff asserted that he was the father of the defendant's Cho Jong-tae, the defendant did not request the plaintiff to lend money without any doubt, and there is no fact that the plaintiff received money from the plaintiff.
Since the amount of KRW 90 million deposited in the Defendant’s passbook was only a donation made to C as a house purchase fund, the Plaintiff’s claim is unreasonable.
3. In addition to the following circumstances, it is reasonable to view that the Plaintiff lent KRW 90 million to the Defendant in full view of the facts acknowledged earlier and the purport of Gap evidence No. 5 and the entire pleadings.
① On February 7, 2013, the Plaintiff transferred KRW 90 million to the Defendant’s passbook, not to the Defendant’s passbook. There is no special reason for C to use the Defendant’s passbook, which is an external third village, rather than its passbook, and there is no data that the said money was transferred from the Defendant to C.
② The conciliation was concluded on March 24, 2016 in Jeonju District Court Decision 2015ddan5360 (principal lawsuit) and 2015ddan5520 (Counterclaim) between D and C, the Plaintiff’s children, and D confirmed that the instant loans are irrelevant to the division of property between D and C. If the said money was donated to C by the Plaintiff, it would be highly likely to be subject to division of property between D and C.
③ The Defendant shall pay the above KRW 90 million.