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1. The Defendant’s KRW 82,581,00 for the Plaintiff and 5% per annum from May 1, 2012 to May 22, 2015.
Reasons
1. The parties' assertion
A. The summary of the Plaintiff’s assertion is as follows 2.A. to the Defendant who was a pro-friendly relative.
1. “The Plaintiff’s loan” as indicated in paragraph (1) table means a sum of KRW 388,866,00,000 as stated in the Defendant’s “loan” and the Defendant received a total of KRW 162,80,000,000 as indicated in the “whether the Plaintiff is the Plaintiff.” As such, the Defendant is obligated to pay the Plaintiff the balance of the loan and the damages for delay.
B. Of the details alleged by the Plaintiff as a loan, part of the content alleged by the Defendant’s assertion is the amount invested in the partner’s money or paid as the repayment of the Defendant’s or Defendant’s spouse’s claim against the Plaintiff. Moreover, since other parts were not true, the actual loan is limited to KRW 98,06,00. The Defendant paid to the Plaintiff a sum of KRW 208,291,50 as indicated in the “amount claimed” column for “amount claimed by the Defendant” as indicated in the same Table, and thus, there was no Defendant’s loan obligation against the Plaintiff.
2. Determination
A. (1) Determination as to the cause of the claim 1) The fact that the Plaintiff lent the money to the Defendant as stated in the “amount of loan recognition” column under the following table does not conflict between the parties, or that the statement in the evidence Nos. 2 and 3 (including the serial number; hereinafter the same shall apply) is written
A) The entire pleadings may be recognized by comprehensively taking into account the purport of the entire pleadings. The amount of the Defendant’s alleged loan on June 29, 2005 (Evidence No. 40,000,000 recognized 40,000 on September 60, 2000, received 60,000 - 26,000 - 15,000,000,000 - 15,000,500,000 on September 26, 2005 as a remittance fee, since each of the particulars of the Defendant’s alleged repayment appears to have been paid to the bank as a remittance fee, this does not include 300,000 or 120,000,000 won, excluding the Plaintiff, as well as the amount of the Plaintiff’s reimbursement (the Plaintiff is a person who received only the payment).
(b)in this table.