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1. The Defendant’s KRW 12.8 million to the Plaintiff and the Plaintiff’s 5% per annum from July 31, 201 to April 20, 2018.
Reasons
1. According to the Plaintiff’s evidence Nos. 1 and 1-1-1 of the evidence No. 1-2, it is acknowledged that the Plaintiff, without interest agreement, lent KRW 32.5 million to the Defendant on March 10, 201, by setting the period of repayment as July 30, 201 (hereinafter “the instant loan”), and the fact that the Plaintiff received reimbursement of KRW 8 million among them is the Plaintiff.
2. Defendant’s defense of repayment
A. According to the statements Nos. 1 and 2-1 and 2 of the evidence Nos. 1-2, it is recognized that the Defendant deposited the Plaintiff and the Plaintiff’s corresponding passbook C as follows:
Serial 1 2012-04-26 2,00,000 C 2,000,000 2201-01-31,200, 3,2000 Plaintiff A3,200,000 3,200, 3,2000-13, 14,000 C 17,200,000 C 17,200,000 4 2013-08-09 1,300,300 C 18,500,500 C 2016-10,000,000 10-10,000,00 C10-10,000,00 C10,500, 207-207-10,000-20, 208,000-30,205
B. As to this, the Plaintiff asserts that, among the money deposited by the Defendant in C as the passbook, KRW 10,50,000,000 from the money deposited by C would not be repaid for the loan of this case. However, the Plaintiff prepared a promissory note with the Defendant that does not have a form of one-day form with the Defendant, but C did not receive a separate loan certificate due to its pro rata with the Defendant.
According to the overall purport of the statements and arguments by evidence Nos. 1, 2, and 1-1 of evidence Nos. 1, C, upon receipt of a request for a loan of KRW 43 million from the defendant who was known to the general public, requested the plaintiff to lend to the plaintiff again, and the plaintiff received a promissory note causing KRW 32,500,000 from the defendant on March 10, 201, and remitted KRW 32,50,000 to the defendant. On the same day, C also remitted KRW 10,50,000 to the defendant's passbook.
On March 10, 201, the defendant entered the office of a certified judicial scrivener with approximately 10,50,000 won on March 10, 201, when the defendant operated the company C, and viewed the work as a certified judicial scrivener office, and C changed the management of its staff, and for several months, such as personnel management, official festing, field supervision, etc.