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1. The Defendant: (a) KRW 35,00,000 and the Plaintiff’s 15% per annum from May 28, 2019 to May 31, 2019; and (b).
Reasons
1. The parties' assertion
A. On July 23, 2018, the Plaintiff lent KRW 35,000,00 to the Defendant. On March 2019, the Plaintiff requested the Defendant to return the said money, but rejected it.
Therefore, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 35,000,000 and damages for delay.
B. The Defendant lent KRW 35,00,000 to the Plaintiff on April 6, 2015, and KRW 85,00,000 on May 8, 2018. The Plaintiff merely remitted KRW 35,00,00 to the Defendant on July 23, 2018, and did not separately lend the said money to the Defendant as asserted by the Plaintiff.
2. In light of the following circumstances, it is reasonable to view that the Plaintiff lent KRW 35,00,00 to the Defendant on July 23, 2018, in light of the following circumstances, which are recognized as comprehensively considering the written evidence Nos. 1 to 8, and Nos. 1 to 4, and the purport of the entire pleadings.
① It was true that the Defendant remitted KRW 2,500,000 to the Plaintiff on April 6, 2015. However, on April 9, 2015, the Plaintiff again remitted KRW 2,50,000 to the Defendant’s son on April 9, 2015, and the Plaintiff asserted that it was delivered the Defendant’s money as a share investment deposit upon the Defendant’s request. In light of the contents of the conversation between the recorded Plaintiff and the Defendant, the Defendant also said that it would correspond thereto. As such, the Defendant did not lend KRW 2,50,000 to the Plaintiff on April 6, 2015.
② On May 8, 2018, the Defendant remitted KRW 85,00,000 to the Plaintiff. However, on May 29, 2018, the Plaintiff returned KRW 45,000,000 to the Defendant on May 29, 2018, and the remainder KRW 40,000,000 to the Defendant withdrawn KRW 30,000,000 of the Plaintiff’s money deposited in the D account on November 3, 2016. Since the Plaintiff remitted KRW 10,00,000 to the Defendant on June 19, 2017, the Plaintiff appears to have received the money from the Defendant as repayment.
③ With respect to KRW 10,00,000 that the Plaintiff remitted to the Defendant on June 19, 2017, the Defendant shall transfer the entire amount of KRW 10,000,000 to the Plaintiff.