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1. The Defendant’s KRW 140,000,000 as well as 5% per annum from September 7, 2018 to November 30, 2018 to the Plaintiff.
Reasons
In full view of the following circumstances that are acknowledged by the respective statements in Gap evidence Nos. 1 through 6 and the purport of the entire pleadings, the plaintiff lent to the defendant a total of KRW 140 million on March 25, 2016, KRW 50 million, and KRW 140 million on April 14, 2016, and KRW 140 million on April 14, 2016, without fixing the due date for repayment. It is recognized that the delivery of a duplicate of the complaint in this case notified the defendant of the repayment of the above loan.
On November 27, 2015, it is confirmed that the Plaintiff remitted total of KRW 140 million to the Defendant on March 25, 2016, KRW 50 million on March 25, 2016, and KRW 140 million on April 14, 2016.
Examining the content of text messages between the Defendant and the Defendant, the Defendant appears to have recognized the existence of the Defendant’s obligation to borrow loans from around 2016.
Although the Defendant alleged that KRW 140 million paid from the Plaintiff was a monetary transaction related to the gas station operated by the Defendant’s husband, the Defendant did not submit any evidence or material to recognize that it was not a loan.
Meanwhile, the Plaintiff asserted to the effect that, if the Defendant sold the land of 1,504 square meters prior to C in his/her own possession to others, the Plaintiff was under a condition to repay the Plaintiff’s loan obligations, and thus, the said land became due upon sale on November 22, 2017. However, there is no evidence to acknowledge the payment period agreement as above, the Plaintiff’s assertion on this part is without merit.
Furthermore, the Plaintiff asserted to the effect that 2% interest rate agreement was reached between the Defendant on the above loan obligations. However, the financial transaction details (Evidence Nos. 2 and 5) submitted by the Plaintiff to the effect that the Plaintiff was paid interest from the Defendant are insufficient to acknowledge the fact that the interest agreement was concluded between the original Defendant, and there is no sufficient evidence to acknowledge this, the Plaintiff’s assertion on this part is without merit.
Therefore, the defendant is worth KRW 140 million to the plaintiff.