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1. The Defendant’s KRW 77,000,000 and those of the Plaintiff
A. From August 28, 2015 to April 17, 2017, 200 won
Reasons
1. Determination as to the cause of claim
A. In full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 through 3 (including each number), the fact that the plaintiff loaned KRW 25,00,000 to the defendant as a total of KRW 52,00,000,000 on September 15, 2014 and October 27, 2014; ② the amount of KRW 6.5,000,000 on March 6, 2015; and the amount of KRW 27,00,000 on May 4, 2015; KRW 5,000,000 on September 4, 2015; and KRW 52,00,000 on September 15, 2015; and the amount of KRW 52,00,000 on November 15, 205.
B. As to the Defendant’s assertion, the Defendant borrowed KRW 25,00,000,00. However, the remainder constitutes illegal consideration that was donated by the Plaintiff at the time or that was paid by the Plaintiff to continue to maintain the relationship with the Defendant.
However, in light of the following: (a) deeming the amount as a donation, which is the money paid as an ordinary relation, as the said amount, is the higher amount exceeding KRW 5,00,00,000; (b) it is difficult to see such amount as such; (c) the Plaintiff’s first claim is excluded from the litigation process; (d) the Defendant sent the mobile phone text that the Plaintiff would pay interest and principal; and (d) the Defendant paid the actual interest to the Plaintiff; and (e) the Plaintiff did not agree with the intention that the gift is clearly given to the party that received interest on certain amount; and (e) it is difficult to deem that the Plaintiff donated a higher amount to the Defendant. Accordingly, the Defendant’s assertion of donation cannot be accepted.
Furthermore, there is no evidence to acknowledge the Defendant’s assertion of illegal consideration as well, and it is also unacceptable.
C. According to the theory of lawsuit, the Defendant’s total amount of KRW 77,00,000 and KRW 125,000 among the above borrowed amounts to the Plaintiff, from August 28, 2015, the final interest payment for KRW 25,00,000, the Defendant shall be 5% per annum as stipulated in the Civil Act, from August 28, 2015, until April 17, 2017, on which the application for modification of the purport of the claim and cause of the instant lawsuit was served, 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following to the date of full