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1. Defendant B’s KRW 135,00,000 and the Plaintiff’s annual rate of KRW 9% from July 19, 2017 to August 9, 2018.
Reasons
1. Basic facts
A. On August 21, 2014, the Plaintiff transferred the money of KRW 300 million (hereinafter “the amount of KRW 300 million on August 21, 2014”) received in return for the work processed in the course of a sales contract for the land owned by a clan member (hereinafter “instant money”) to Defendant B’s account.
B. Defendant B transferred KRW 100 million (hereinafter “ KRW 100,000,000,000) from August 26, 2014, out of the amount deposited on August 21, 2014 as of August 26, 2014 (hereinafter “instant remittance amount as of August 26, 2014”); and KRW 35 million on September 4, 2014 (hereinafter “instant remittance amount”).
C. The Defendants, as married couple on September 20, 2014, acquired a swine breabb house from E, and changed the name of the business operator on the said swine breab house to Defendant B on December 26, 2014.
[Reasons for Recognition] The result of the response made on April 13, 2017 by a witness F, the witness F's testimony, and the order to submit financial transaction information to the D Bank of this Court, the result of the questioning by some parties to the defendant B, the purport of the whole pleadings
2. Determination as to the plaintiff's claim against the defendant B
A. This case’s remittance amount of KRW 35 million as of September 4, 2014 was determined on the claim for return of KRW 35 million as of September 4, 2014; in a case where both parties are liable to provide money and other substitutes not by a loan for consumption, if both parties agree to make the subject matter the object the object of a loan for consumption, it has the effect of a loan for consumption; it is quasi-loan for consumption (Article 605 of the Civil Act); and among the Plaintiff and Defendant B of this case’s deposit amount of KRW 30 million as of August 21, 2014, the remainder of KRW 200 million, excluding the remittance amount of KRW 100 million as of August 26, 2014, which was entrusted by the Plaintiff to the Defendant; and around September 4, 2014, Defendant B did not obtain the Plaintiff’s prior permission, and Defendant B’s Republic of Korea as of September 4, 2014, respectively.