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1. The Defendant’s KRW 41,690,000, as well as 5% per annum from December 14, 2019 to July 14, 2020, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. From February 25, 2016 to July 20, 2017, the Plaintiff deposited a total of KRW 54,530,000 in the Defendant’s account as indicated in the following table.
on February 25, 2016. 1. 2, 200,000 on March 24, 2016; 3. 2,00,00 on May 3, 2016; 1,50,00 on May 3, 2016; 1,50,000 on May 16, 2016; 1,50,000 on May 16, 200; 1,50,00 on June 1, 200, 200 on May 20, 2006; 16. 1, 200,00 on June 20, 200, 200 on May 25, 200, 200, 2005; 18.
B. On November 1, 2016, the Defendant deposited KRW 12,840,000 in the Plaintiff’s account in the name of the Plaintiff, KRW 2,000,000 on November 24, 2016, KRW 840,000 on January 2, 2017, KRW 40,800 on November 30, 2019, and KRW 12,840,000 on December 25, 2019.
C. Before the filing of the instant lawsuit, the Plaintiff urged the Defendant to repay the debt through text messages, etc., and the Defendant was making full efforts to repay the debt, and the Plaintiff also seized the real estate in the name of the Defendant.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 (including proof numbers) and the purport of the whole pleadings
2. Determination
A. (1) The Plaintiff’s assertion 1) lent total of KRW 62,300,000 to the Defendant from February 25, 2016 to July 20, 2017. Among them, the Plaintiff was paid KRW 4,800,000 on November 30, 2019, and KRW 4,200,00 on December 25, 2019. Accordingly, the Defendant asserts that the Plaintiff is liable to pay KRW 53,30,000 to the Defendant and damages for delay. (2) According to the above recognition facts, the Plaintiff is obligated to pay the Plaintiff KRW 53,30,00 and the damages for delay.
1.(a)
It can be recognized that a sum of KRW 54,530,00 is leased by the method of depositing the sum of KRW 54,530,00 as stated in the paragraph, and the evidence submitted by the Plaintiff alone is insufficient to recognize the fact
Therefore, unless there are special circumstances, the defendant shall be 54,530.