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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay KRW 20 million to the plaintiff and 142,153,272.
Reasons
1. Determination on the cause of the claim
A. On August 10, 2010, the Plaintiff first lent KRW 200 million to the Plaintiff’s account, for three months, in order to lend money to the land owner who requires urgent money. The Plaintiff’s first loan transferred KRW 190 million to the Defendant’s account via the Plaintiff’s account in the name of Chodong C, thereby lending KRW 190 million after deducting KRW 10 million from the amount of money. 2) On November 9, 2010, the Defendant transferred KRW 5 million interest on the above loan to D, which is the Plaintiff’s account (the husband of C), and around that time, the Defendant divided the amount of KRW 200 million from the Defendant’s land in proportion to the amount of KRW 20 million in proportion to the amount of money deposited in the Defendant’s land in proportion to the amount of KRW 190 million,0000,000,0000,0000,000 won.
On March 12, 2009, the land of the said 10,146 square meters was changed to F forest land 10,315 square meters following the registration conversion, and at the same time, it was divided into F forest land 4,930 square meters (it is changed to F forest land 5,025 square meters following the change of land category and the merger on May 1, 2013) and G forest 5,385 square meters. The land of the said 16,301 square meters was changed to J forest 14,730 square meters following the conversion of registration and the division and merger.
(B) The Plaintiff purchased the instant land (hereinafter “instant land”) and completed the registration of ownership transfer with respect to the instant land under the Plaintiff’s name, and thereafter, from October 1, 2009 to October 1, 2009, registered a business with the content that the instant land is leased from part of the instant land (4,930 square meters of forest land, G 5,385 square meters of forest land, etc. at the time of Pakistan) to “H” with the trade name, and carried out a project to create the instant land as a factory site (hereinafter “instant project”).
C. Upon the Defendant’s request that the Plaintiff continue to lend KRW 200 million borrowed for the instant business, etc., the date of the Plaintiff’s first loan extension of KRW 200 million to the Defendant on November 10, 2010 is apparent in the record.