beta
Text
1. Defendant B (Appointed Party) is the year from June 8, 2016 to June 16, 2017 with respect to KRW 73,644,520 to the Plaintiff.
Reasons
1. Basic facts
A. The defendant (appointed party, hereinafter referred to as the "defendant") B and the appointed party C are married with each other.
B. From December 29, 2004 to February 10, 2007, the Plaintiff transferred the total amount of KRW 331,300,000,000 (hereinafter “instant KRW 1”) to each account of Defendant B and Selection Party C, such as the entry of the first remittance statement in attached Table 2.
C. The plaintiff from August 19, 2005 to the same year
9. By March 32, 198, the sum total of KRW 142,00,000 (hereinafter “instant KRW 2”) was transferred to each account of D and E, such as the entry of the 2 remittance statement in the attached Table 2.
Meanwhile, from February 21, 2005 to July 29, 2006, the Plaintiff received 258,050,000 won in total over 18 times, such as the statement in the attached Table 3 “The amount recognized to have been paid by the Plaintiff” from Defendant B and Selection C.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 2 and 3 (including provisional number), and the purport of the whole pleadings
2. Determination on the part of the claim against Defendant B
A. 1) The plaintiff's assertion 1) The plaintiff loaned 5% interest per month to the defendant B, and 224,600,000 won from December 29, 2004 to February 10, 207, which was transferred to the defendant B account from February 10, 2007 (=82,600,000 won, which was transferred to the defendant B account among the KRW 1,000,000.
Therefore, Defendant B is obligated to pay to the Plaintiff KRW 142,300,000, which falls under part of the leased principal and interest accrued therefrom, after having been paid by the Plaintiff from Defendant B and being appropriated for part of the principal and interest accrued therefrom, as well as delayed payment damages under the Interest Limitation Act.
Meanwhile, the Plaintiff demanded the return of the loan to the master C with respect to the amount of KRW 248,700,000,000, which was remitted to the account held in the name of the selector C among the KRW 1,000, but the Defendant B himself.