1. The Defendant’s KRW 170,000,000 as well as 3.8% per annum from September 11, 2019 to February 10, 2020 to the Plaintiff.

1. Basic facts

A. The plaintiff is the father of C, and the defendant is the spouse of C, and the plaintiff and the defendant are Russia and the defendant.

B. On December 26, 2016, the Plaintiff is a change of land category on October 10, 2017, and a merger on October 11, 2017, and an indication of land before subdivision on September 4, 2018, which was owned by the Plaintiff from the D Association on December 26, 2016.

The agreement provides real estate as security and loans of KRW 170 million at the rate of 3.8% per annum, and on the same day, it transferred KRW 169,754,200 out of the loans to the deposit account in the name of the defendant and C and the plaintiff's grandchildren.

C. On August 22, 2019, the Plaintiff sent to the Defendant a content-certified mail stating that loans of KRW 170 million should be returned by September 10, 2019. The Defendant received the content-certified mail at the time of delivery.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 5, 6, Eul evidence 1 and the purport of whole pleadings

2. The parties' assertion

A. On December 26, 2016, the Plaintiff leased KRW 170 million to the Defendant (hereinafter “instant loan”) and agreed with the Defendant on the interest rate of the instant loan, but did not agree with the interest rate.

The Plaintiff filed a claim against the Defendant for the repayment of the principal of the instant loan amounting to KRW 170 million and the payment of interest or delay damages calculated at the statutory rate of 3.8% per annum, which is the agreement on the loan from D Association, and 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, within the statutory rate of interest prescribed by the Civil Act, from December 26, 2016, which is the date of the loan to the date of delivery of the duplicate of the instant complaint.

B. The Defendant’s assertion did not have borrowed KRW 170 million from the Plaintiff, and KRW 169,754,200, which the Plaintiff transferred to the deposit account in the name of F, is the money that the Defendant donated to the Defendant or C. On the assumption, even if the Plaintiff lent the money, the person who borrowed the money.