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1. The Defendant’s KRW 29,819,427 as well as the Plaintiff’s KRW 5% per annum from February 11, 2017 to August 16, 2018.
Reasons
1. The plaintiff and the defendant are both South Korea and North Korea.
The Plaintiff remitted money to the Defendant’s deposit account in the name of the Defendant as listed below.
On December 16, 201, the remitter bank and account holder of the remittance date: C (the former name before the Defendant’s name) 10,000,000 C on December 20, 2011; C C C on July 18, 2012; C on July 25, 2012; 5,000,000 C C on July 31, 2012; 00,000 C on July 31, 2012; and the mother of the Plaintiff and the Defendants: (a) 3,00,000 C on August 30, 200,00 C on August 15, 2013; (b) 10,000 C on August 3, 30, 200,00 C on October 30, 200; (c) 30,000 C on March 30, 2013;
C On February 22, 2014, the Plaintiff spent KRW 3,000,000,000 C B on January 23, 2015, totaling KRW 50,000,000 on September 29, 2014, KRW 1,451,100 on November 29, 2014 to purchase the Defendant’s airline tickets, and KRW 3,869,427 on November 27, 2014 to purchase the Defendant’s airline tickets.
From January 25, 2012 to April 1, 2015, the Plaintiff received total of KRW 24,050,000 from the Defendant or Defendant E.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties' arguments;
A. The Plaintiff asserts that ① total sum of KRW 50,00,000 which was remitted from the above recognition to the Defendant’s account, KRW 3,869,427 which was remitted to the Defendant’s purchase of airline tickets, ② KRW 3,100,000 which was remitted to the Defendant’s account in G’s account in which the Plaintiff operated the FExchange Center, and KRW 2,000,000 which was remitted to the Defendant’s account at the Defendant’s request, all of the Defendant’s loan, and sought payment for the remainder of KRW 34,919,427 which was deducted from the Defendant’s total sum of KRW 58,969,427 which was repaid by the Defendant, and damages for delay.
B. Accordingly, the defendant shall not be obliged to pay the amount of KRW 47,00,000 deposited in the defendant's name account and the purchase cost of airline tickets. The remaining amount of KRW 3,00,000 deposited in the joint name account with D and the remaining amount of KRW 3,00,000 deposited in the joint name account, and ② the amount of the above paragraph is transferred to the defendant regardless of the defendant.