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1. As to the Plaintiff KRW 147,00,000 and its KRW 97,000 among them, the Defendant shall pay to the Plaintiff KRW 147,00,000 from June 8, 2019, and KRW 10,00,00.
Reasons
1. Basic facts
A. On July 6, 2017, the Plaintiff remitted KRW 97 million to the Defendant’s account. (2) On August 14, 2017, the Plaintiff remitted KRW 10 million to the Defendant’s account.
3) On October 31, 2017, the Plaintiff remitted KRW 20 million to the Defendant’s account under C’s name. 4) On January 10, 2018, the Plaintiff wired KRW 20 million to the Defendant’s account.
B. On July 11, 2017, the Defendant: (a) registered the creation of a mortgage with regard to the mortgagee, the Plaintiff, and the maximum debt amount as KRW 100 million, with respect to the building owned by the Defendant’s father-gu E-gu, Busan, Busan; (b) 49 square meters in size; and (c) the building on the land.
C. On August 14, 2017, the Defendant prepared and delivered to the Plaintiff a certificate of loan worth KRW 10 million with interest KRW 300,000,000,000 for the loan, September 14, 2017, the due date for repayment, and interest KRW 300,000. 2) The Defendant, on October 31, 2017, prepared a certificate of loan worth KRW 20,000,000 for the loan, the due date for repayment, and issued to the Plaintiff.
3) On January 10, 2018, the Defendant prepared and delivered to the Plaintiff a certificate of loan worth KRW 20 million, KRW 10,000 on February 10, 2018, and interest KRW 600,000 on February 10, 2018. [Grounds for recognition] In the absence of dispute, Gap evidence 1 through 5 (including the serial number, and the purport of the entire pleadings)
2. Determination
A. The plaintiff asserts that he lent a total of KRW 147 million to the defendant, and the defendant asserts that he/she engaged in the lending business as the plaintiff.
B. In full view of the following circumstances that can be recognized by the evidence adopted prior to the recognition of the Defendant’s obligation to return, the Plaintiff’s money transferred to the Defendant or the account in the name of the Defendant or C has the nature of the loan that is premised on the Defendant
1. On August 14, 2017, the Plaintiff received a loan certificate from the Defendant whenever he/she transfers the amount of KRW 10 million, KRW 20 million on October 31, 2017, and KRW 20 million on January 10, 2018. According to each of the above lending certificates, the time of return and the amount of the loan are specified, and the Plaintiff transfers the amount.