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The defendant shall pay 32 million won to the plaintiff and 5% per annum from November 18, 2020 to December 1, 2020.
Reasons
1. Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1, 2, and 3 as to the cause of the claim, the plaintiff can be acknowledged that around January 17, 2020, the plaintiff loaned money to the account of the defendant and the defendant's spouse C (Death around July 2020) with the due date set for the payment of 40 million won as the payment date for the loan for consumption (hereinafter "the loan contract of this case") around 2020, and first deposit 28.5 million won after deducting interest on January 17, 2020 as to the remaining 10 million won with the defendant's account. Since the plaintiff was obligated to pay 9 million won after deducting interest on the remaining 10 million won from the due date to the account of the above 1 million won for the loan of this case from 2.8 million won to the above 1 million won to 2.8 million won to the plaintiff, barring any special circumstance.
On the other hand, the plaintiff, around June 12, 2020, remitted and lent KRW 5 million to C again, and the above KRW 5 million is included in the loan agreement of this case. Thus, the defendant asserts that the amount to be repaid to the plaintiff is KRW 37 million (= KRW 40 million - KRW 5 million).
However, the date of the loan for consumption is around January 17, 2020 and even if based on the date of drawing up the loan certificate, it is difficult to recognize that the above five million won is included in the above loan for consumption since the date when the plaintiff remitted the above five million won to C on June 12, 2020, and it is difficult to recognize that the above five million won is included in the above loan for consumption. Moreover, there is no evidence to acknowledge that the defendant is liable to pay the above five million won together with C, unlike the above five million won.
Therefore, the defendant's remaining loan of 32 million won and its remaining loan of this case to the plaintiff.