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1. The Defendant’s KRW 105,367,00 for the Plaintiff and KRW 5% per annum from May 16, 2019 to March 25, 2020 for this.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 8 through 14 regarding the plaintiff's claim for loans, the defendant prepared a loan certificate to the plaintiff on October 31, 2017 with the purport of borrowing KRW 50,000 from October 19 to October 31, 2017, and the plaintiff thereafter lent the defendant's husband C or ASEAN to the bank account under the name of his husband D, and the fact that the defendant additionally lent KRW 2 million on December 13, 2017 and KRW 9 million on March 28, 2018 can be acknowledged. Upon full consideration of the above facts of recognition, the plaintiff rejected part of the loan certificate between the defendant and the above KRW 61 million between October 10, 2017 to October 31, 2017 (i.e., the loan certificate of KRW 500,000,000 among the loan certificate of KRW 31,2017).
The plaintiff's claim for the above loan is reasonable.
2. Determination as to the Plaintiff’s claim for construction cost
A. The summary of the Plaintiff’s assertion, around September 2017, the Defendant: (a) stated that the Plaintiff would construct and sell a vinyl house on each of the land in Gangnam-gu Seoul, F and G (hereinafter “each of the instant lands”); and (b) that the Plaintiff would pay KRW 30 million for each of the instant lands by constructing a vinyl house on each of the instant lands; and (c) that the Plaintiff consented to the construction of a vinyl house at KRW 77,164,70 from Oct. 27, 2017 to Nov. 2018, the Defendant paid KRW 11 of a vinyl house at KRW 77,164,700, as the Defendant paid only KRW 29 million on March 27, 2018, and thus, is obligated to pay the remainder of the construction price to the Plaintiff.
B. Determination 1) The Defendant: (a) requested the Plaintiff to construct a vinyl house on each of the instant land; and (b) paid KRW 29 million as part of the construction price on March 27, 2018, to the Plaintiff; and (c) based on the evidence No. 14, the Defendant prepared and sent to the Plaintiff on October 31, 2017.