beta
Text
1. As to KRW 27,900,000 and KRW 25,900,00 among them, the Defendant shall pay to the Plaintiff KRW 27,90,000 from April 17, 2015, and KRW 2,00,000.
Reasons
1. The part recognized;
(a) The following facts shall be acknowledged by the statements in Gap evidence 1 to 12, either there is no dispute between the parties or by the parties:
The Plaintiff paid the following money to the Defendant:
① On July 27, 2012, upon the Defendant’s request, paid KRW 5,00,000 to C as the cost of appointing a lawyer for a criminal case by the Defendant, but received KRW 3,00,000 from C on November 2, 2012.
② On January 13, 2014, the Defendant paid KRW 10,400,00 as the purchase price for the Defendant’s DNA car.
③ On April 14, 2014, the Defendant leased the lease deposit of KRW 15,00,00 from the Korea Land and Housing Corporation to the Defendant amounting to KRW 15,00,00,00. The Plaintiff paid KRW 3,50,000 on April 14, 2014 and KRW 12,00,00,00 on March 6, 2015.
The car is registered in the name of the defendant, and the defendant operates the car.
The lease deposit for the leased house shall be reverted to the defendant upon termination of the lease.
B. As to the nature of the above money, the plaintiff asserts that it is a loan, and the defendant asserts that it was a de facto marital relationship at the time when the plaintiff and the defendant pay the above money.
Even if the plaintiff and the defendant were in de facto marital relationship, in light of the purpose and amount of the above expenses, living together period, and profits derived from the above expenses are attributed to the defendant, the above money is deemed as loans.
Therefore, with respect to the Plaintiff’s KRW 27,900,000 (=the attorney appointment fee of KRW 10,400,000) and the rent of KRW 15,500,00 among the rent of KRW 10,400,00,000 and the rent of KRW 25,90,000,00 after the date of the lease, as sought by the Plaintiff, the Defendant is from April 17, 2015, which is the day following the delivery date of the copy of the instant complaint, and from June 12, 2015, with respect to KRW 2,00,000 from the day following the delivery date of the application for modification of the purport of the instant claim, the existence and scope of each Defendant’s obligation to perform.