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1. The Defendant’s KRW 157,276,00 for the Plaintiff and KRW 5% per annum from December 23, 2014 to November 10, 2016.
Reasons
From April 20, 2012 to January 10, 2014, the Plaintiff’s primary assertion made a loan of KRW 204,319,470 to the Defendant by transferring money to the Defendant’s account in the name of C, D, E, E, F, G, H, I, I, J, K, L, M, N,O, P, and P. The Defendant partially repaid the amount.
Therefore, the defendant is obligated to pay the remainder of 196,899,200 won and damages for delay to the plaintiff.
The conjunctive defendant, without the intention of marriage with the plaintiff, had the plaintiff deceptioned as being married, and acquired a total of 204,319,470 won from the plaintiff.
Since this is a tort, the defendant is obliged to pay 204,319,470 won and delay damages to the plaintiff.
The Defendant’s primary assertion and the Defendant had a close relationship between March 2012 and January 2014, which were close to the living relationship, and the Plaintiff had had economic difficulties in the process, voluntarily provided the Defendant with economic assistance.
Since the money that the plaintiff provided to the defendant is not a donation, the defendant does not have an obligation to pay it.
In the absence of the intention to marry with the plaintiff, the conjunctive defendant does not bear liability for damages caused by tort, since he/she had deceiving the plaintiff as if he/she were married.
Judgment
A. According to each of the statements and the purport of the entire arguments and arguments set forth in Gap evidence Nos. 1, 3, and 6 (including the number of branch numbers), the fact that the plaintiff lent total of KRW 157,276,00 to the defendant by the method of transferring money from May 1, 2012 to May 22, 2013 as designated by the defendant to the accounts in the name of C, E, N, P, K, and D.
Furthermore, the fact that the original copy of the instant payment order, which included the Plaintiff’s demand for repayment of loans against the Defendant, was served on December 22, 2014, is apparent in the record, and thus, the Defendant.