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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff joined with the Defendant from October 2015 or around November 1, 2015, and liveded with the Defendant in Daejeon Dong-gu C Apartment 921.
B. On January 2, 2016, the Plaintiff, while engaging in a dispute with the Defendant in the said C Apartment 921 on the ground that the Defendant was the hedging, brought about two weeks of medical treatment to the Defendant, and thereafter, the relationship between the Plaintiff and the Defendant was terminated.
C. The plaintiff was above B.
due to the act of subsection 2, the Daejeon District Court 2016Kadan411 sentenced two years of suspended sentence to imprisonment with prison labor for injury, and the above judgment became final and conclusive.
[Ground of recognition] Facts without dispute, entry of evidence No. 11, purport of the whole pleadings
2. The assertion and judgment
A. Plaintiff’s assertion 1
1. 7,00,000 won shall be transferred to an account in the name of the defendant, as stated in the loan (transfer) and attached Form;
2. As stated in the loan (cash), 6,640,00 won and other 1,190,000 won and 10,000 won were paid in cash to the Defendant. On November 25, 2015, the Defendant, on behalf of the Defendant, remitted the Defendant a total of KRW 24,830,000 to D (= KRW 6,640,000,000) to the Defendant by remitting KRW 10,000,000 to the Defendant (= KRW 7,000,000).
2) Therefore, the Defendant is obligated to pay to the Plaintiff delay damages at a rate of 15% per annum from February 1, 2016 to the date following the delivery date of the original original copy of the instant payment order, as sought by the Plaintiff. (B) The relevant legal doctrine is established when one of the parties agrees to transfer the ownership of money and other substitutes to the other party, and the other party agrees to return the same kind, quality, and quantity as such. Therefore, it is natural that there is a mutual agreement between the parties as to the above point.
(Supreme Court Decision 2010Da41263, 41270 Decided November 11, 201). Also, another person.