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1. The Defendant’s KRW 8,600,000 and the following day shall be 5% per annum from May 5, 2016 to December 21, 2016 to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The fact that the Plaintiff lent a total of KRW 35 million to the Defendant on January 22, 2010 and KRW 35 million on January 25, 2010 (hereinafter “instant loan”) is either a dispute between the parties, or a dispute between the parties, or a comprehensive statement of the purport of the entire pleadings in the items in subparagraphs A and 2.
B. As to this, the Plaintiff asserts that, in addition to the instant lease, the Plaintiff additionally lent KRW 1 million to the Defendant on May 27, 2010, ② million on June 1, 2010, ③ KRW 950,000 on July 12, 2010, ④ KRW 1560,000 on October 8, 2010.
However, it is not sufficient to acknowledge the evidence Nos. 1 and 2 only, and there is no other evidence to acknowledge it. Rather, according to each of the evidence Nos. 1 and 2, the Defendant’s transfer to the Plaintiff of KRW 1 million on May 27, 2010, KRW 1 million on June 1, 2010, and KRW 9.5 million on July 12, 2010, respectively, is recognized.
Meanwhile, according to the evidence Nos. 1 and 2, the Plaintiff’s transfer of KRW 1560,00 to the Defendant on October 8, 2010 is not sufficient to recognize that the Plaintiff lent the money to the Defendant solely based on the fact that the Plaintiff transferred the money to the Defendant, in view of the relationship between the Plaintiff and the Defendant, which was known in view of the aforementioned evidence and the overall purport of the pleadings in the instant case where the Defendant asserted that the money was not borrowed, and there is no other evidence to acknowledge this otherwise.
C. Therefore, the defendant is liable to pay 35 million won and damages for delay to the plaintiff, unless there are special circumstances.
(In addition to the instant loan, the Defendant recognized that the Plaintiff borrowed KRW 500,000 on April 21, 2012 and KRW 500,000 on September 3, 2012 from the Plaintiff, but the said KRW 1 million was not claimed by the Plaintiff, and thus, the Defendant did not make a decision thereon). 2. Performance and settlement of accounts and its determination thereon.
A. The Defendant’s assertion that the Defendant, in addition to remitting KRW 4,145,00,00 to the Plaintiff on November 9, 2010, the instant loans are repaid in cash on several occasions, and the instant loans are repaid on March 201.