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1. The Defendant’s KRW 9,240,00 and the Plaintiff’s annual interest thereon from January 14, 2016 to August 11, 2016 and the following.
Reasons
1. The parties' assertion
A. The Plaintiff lent to the Defendant the amount of KRW 30 million on January 5, 2007, and KRW 5 million on May 31, 2007 at 2% of each interest month. The Defendant paid interest until January 18, 2008, but did not pay the remainder of the interest, and thus, is obligated to pay the unpaid principal and interest.
B. The Defendant did not borrow money from the Plaintiff; however, the Plaintiff and the Defendant merely exchange money with the passbook for approval by using the card as an internal relation.
2. Determination
A. According to the overall purport of Gap evidence Nos. 1, 2, 4, and Eul evidence Nos. 1 and Eul evidence Nos. 1, the plaintiff remitted 20 million won to the account designated by the defendant on Jan. 5, 2007. The defendant may recognize the plaintiff's remittance of KRW 1 million to the plaintiff on Mar. 2, 2007, KRW 100,000 on Mar. 27, 2007, KRW 400,000 on Apr. 4, 2007, KRW 130,000 on Jul. 2, 2007, KRW 198,00 on Aug. 2, 2007, KRW 60,000 on Oct. 8, 2007, KRW 60,000 on Oct. 25, 2007, KRW 207; and
The Plaintiff’s remittance of the above money to the Defendant does not have any evidence to support the Defendant’s assertion that it is a full payment for internal payment, and the Defendant remitted money to the Plaintiff several times after receiving money from the Plaintiff, and the Defendant alleged that the reason for remitting money to the Plaintiff was due to the use of the card together with the card, but there is no evidence to support this, on the other hand, it is difficult for the Defendant to recognize it as the use of the card in light of the amount remitted by the Defendant, and on the other hand, taking full account of various circumstances, such as allegations
B. The Plaintiff asserted that the Plaintiff placed 10 million won of a cashier’s checks to the Defendant on January 5, 2007, but there is no evidence to acknowledge this.
In addition, it is recognized by the statement of No. 3 of the plaintiff 5 million won on May 31, 2007.