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1. The Defendant’s KRW 118,891,189 as well as 5% per annum from December 14, 2017 to April 18, 2019 as to the Plaintiff.
Reasons
1. Basic facts
A. On July 22, 2003, the Defendant married with C on July 22, 2003, but divorced on December 2016, and the Plaintiff is the father of C.
Eul borrowed from each of the KRW 1,000 won and KRW 1,000,000,000, while singing in 2006 and 2008.
The sum totaling KRW 10,000,000 in cash is being kept, and at any time, A shall pay the sum of KRW 10,000,000,000 in total at its own expense.
A: Plaintiff, B: (Joint) C, and Defendant
B. On August 30, 2014, the Defendant and C drafted a cash storage certificate (hereinafter “one cash storage certificate”) with the following content to the Plaintiff.
Eul borrowed cash in cash at the beauty room on September 6, 2014.
“A” has the honor to repay at any time the cash in his custody at any time.
Plaintiff, B: Defendant, C
C. Separately, C and the Defendant, on the same day, prepared a cash custody certificate with the following contents (hereinafter “second cash custody certificate”).
[Ground of recognition] Evidence Nos. 1, 5, Eul Nos. 3-1 and 2-2, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 111,189,250,00 to the Defendant, who was satched with A, who had been satched from February 2, 2006 to October 2008, to the Defendant, who had been satched with C, for singing start-up costs and clothes.
In this regard, the defendant and C prepared the first cash custody certificate and delivered it to the plaintiff.
The Plaintiff borrowed KRW 60 million to the Defendant and C, separate from the borrowed money entered in the cash storage certificate No. 1, and received a cash storage certificate from the Defendant and C.
In addition, around June 2015, the Defendant repaid the money borrowed from private village and lent KRW 15 million to the Plaintiff (hereinafter “instant additional loan”), and the Plaintiff subrogated the Defendant’s remainder of the loan of E Bank to KRW 8,891,189.
Therefore, the Defendant stated KRW 110 million in the cash custody certificate of KRW 10 million in the Plaintiff, KRW 60 million in the cash custody certificate of KRW 20 million in this case.