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1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from May 24, 2016 to the date of complete payment.
Reasons
1. Judgment on the plaintiff's claim
A. Facts of recognition 1) The Plaintiff’s donation of KRW 50,000,000 to the Defendant on November 4, 2014, and KRW 20,000,000 on December 4, 2014 is without dispute between the parties (hereinafter “instant donation”).
(2) In light of the following circumstances, the evidence Nos. 1 through 5 and the witness C’s testimony added to the purport of the entire pleadings, it can be acknowledged that there was a mutual agreement between the Plaintiff and the Defendant on the condition that the Defendant would return the money received from the instant donation to the Plaintiff, as in D, if the Defendant did not support the Plaintiff.
① The Plaintiff has 4 South son and son, the Defendant is 3 South, and D is 4 South son.
② Before the husband’s death, the Plaintiff increased the number of 1389 square meters in lightyang-si, F. G, and the number of H apartment 102 Dong 208, 102, and 208.
③ The Plaintiff donated the above apartment to D around 1996, and D supported the Plaintiff from around 2009, and the Plaintiff donated the above answer to D around August 2009.
④ Around November 2014, D did not support the Plaintiff any longer, and D transferred KRW 70,000,000,000, which is part of the real estate value proved by the Plaintiff, to the Plaintiff, from the account under the name of the Defendant, to the account in the name of the Plaintiff, and KRW 19,00,000,000 on November 4, 2014, to the account in the name of the Plaintiff, respectively.
⑤ Around November 2014, the Plaintiff agreed with the Defendant that D transferred KRW 50,00,000 to the Defendant’s account under the name of the Defendant as above, and that D donated KRW 20,000,000 to the Defendant on December 4, 2014 with the money transferred from D to the Plaintiff’s account under the Plaintiff’s name. At the same time, the Defendant began to support the Plaintiff while living together with the Plaintiff from November 2014.
3. The fact that the defendant has not supported the plaintiff from November 2015 is not a dispute between the parties.
(b) judgment;