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1. The defendant shall pay 140,000,000 won to the plaintiff and 20% per annum from August 10, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant had a relationship of internal relations from around 2011.
B. On November 17, 201, the Plaintiff paid the Defendant a total of KRW 1.45 million on December 19, 201, KRW 55 million on December 19, 201, and KRW 1.4 million on June 14, 2012.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 (including provisional number), witness C's testimony, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff leased KRW 140 million to the Defendant as the purchase fund for apartment and electric house, and thus, the Plaintiff claimed against the Defendant the said money and the damages for delay.
B. The Plaintiff and the Defendant asserted that they were in a relationship with the Defendant from early 2011 patrolmen, but, upon soliciting the Defendant to leave the house, the Plaintiff caused the purchase of the E apartment unit located in Ulsan-gu, Ulsan-gu, and donated KRW 1.40 million to the Defendant. Thus, the Defendant did not have a duty to return the said money to the Plaintiff.
In addition, the said money constitutes illegal consideration that the Plaintiff and the Defendant paid to the Defendant in accordance with the agreement to resolve the marriage with their respective spouses and that is contrary to good morals and social order, and thus, constitutes illegal consideration that is contrary to good morals and other social order. Therefore, the Plaintiff cannot seek the return
3. Determination
A. The following circumstances revealed that Gap evidence No. 3 and Gap evidence No. 4 revealed the overall purport of the pleadings, namely, ① the Plaintiff’s earned income in 2010 is KRW 53,250,00, KRW 45,384,000 for earned income in 201, and the amount the Plaintiff paid to the Defendant as KRW 48,000 for earned income in 2012 is larger than the Plaintiff’s income, and ② on April 30, 2013, the Defendant sent to the Defendant a text message stating that “I will send to the Defendant any money that is not repaid at the time.” The Plaintiff paid the Defendant KRW 1,40,000 for earned income in 20,000 for earned income in 2012, not for donation.”