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1. The Defendant’s KRW 188,188,430 for the Plaintiff and KRW 5% per annum from April 24, 2015 to June 23, 2016.
Reasons
1. Basic facts
A. From September 8, 2004 to January 15, 2009, the Plaintiff transferred the sum of KRW 242,600,000 to the Defendant’s national bank account, foreign exchange bank, Nonghyup Bank, and enterprise bank account under the Plaintiff’s name, and from December 29, 2004 to February 11, 201, the sum of KRW 373,550,000 to the Defendant’s national bank account under the Plaintiff’s name from December 29, 2004 to the Defendant’s national bank account.
B. On February 23, 2006, the Plaintiff transferred KRW 30 million to the Defendant’s foreign exchange bank account.
C. The Plaintiff lent KRW 30 million to the Defendant on October 14, 2010 and KRW 10 million on September 4, 201.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 4, and 5, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff lent the said money to the Defendant by means of remitting KRW 716,150,00 to each bank account under the name of the Defendant, including lending KRW 30 million to the Defendant on October 14, 2010 and September 4, 2011.
The Plaintiff’s repayment of KRW 427,961,570 to the Defendant’s repayment of KRW 716,150,000 and KRW 411,644,716 to the Defendant’s repayment of the principal in the order of interest and principal. In addition, when the Plaintiff deducts KRW 20,000 from the amount of private school pension loans of KRW 40,000 and the amount of subrogated payment of KRW 40,000,00, the principal would remain.
The plaintiff claims against the defendant for the payment of KRW 351,64,716 and damages for delay.
B. The Plaintiff lent only KRW 30 million to the Defendant, and each of the remittance statements alleged by the Plaintiff is the amount invested by the Plaintiff’s wife D through the Defendant’s wife E.
Since the defendant repaid the above 30 million won in full from the plaintiff, the plaintiff's claim is without merit.
3. Determination
(a) the existence of a loan claim and its amount 1) whether the money transferred by the Plaintiff to the bank account under the name of the Defendant is the money loaned to the Defendant, including each number of pages A, A, 4, 8, 9, 11 through 19 (if any).