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1. The defendant shall pay 60 million won to the plaintiff and 20% per annum from September 17, 2014 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. Comprehensively taking account of the overall purport of the arguments in each statement in Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1-1, the plaintiff received a request from the defendant's wife Eul to lend money from the defendant's wife Eul, and on March 19, 2007, paid KRW 50 million to the defendant's wife D's account on May 21, 2008, and KRW 30 million to the defendant's account on May 21, 2008. The plaintiff requested the plaintiff to pay KRW 10 million to the defendant among them. This fact that Eul paid KRW 10 million to the defendant on April 24, 2010, and the defendant paid KRW 30 million to the plaintiff from June 24, 2013 to June 26, 2013.
According to the above facts of recognition, the defendant is obligated to pay 60 million won (90 million won - 30 million won) payable to the plaintiff as requested by the plaintiff as well as damages for delay calculated at the rate of 20% per annum from September 17, 2014 to the day of full payment, which is the day following the delivery date of the payment order in this case, to the day of full payment.
B. The defendant asserts that no money was borrowed from the plaintiff, and that the plaintiff's wife C engaged in monetary transactions with the defendant's wife D, using a passbook under the name of the plaintiff and the defendant, who are their husbands.
However, the following circumstances are acknowledged based on Gap evidence Nos. 4 through 7 and 9's overall purport of pleadings. ① The defendant asserts that wife D borrowed money, but the defendant paid 30 million won out of the money received from the plaintiff to the plaintiff. ② The defendant paid interest for a long time in the name of the defendant, and the national bank account that paid interest to the plaintiff under the name of the defendant was used in monetary transaction with F operated by the defendant, and it is difficult to view that D managed the above account alone. ③ The cashier's checks issued KRW 6 million on April 6, 2007 lent by the plaintiff are the cashier's checks.