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1. As to the Plaintiff’s KRW 25 million and KRW 5 million among them, 5% per annum from November 24, 2008 to January 24, 2017.
Reasons
1. Basic facts
A. The Plaintiff lent a total of KRW 25 million to the Defendant as follows:
(hereinafter) On April 26, 2008, the amount of the temporary loan of this case. On April 26, 2008, the Defendant shall pay to the Plaintiff interest if he/she borrowed five million won to the Plaintiff with the obligation to pay.
“In addition, on April 30, 2008, remitted to the Defendant’s Han Bank Account on April 30, 2008 to the Defendant’s Han Bank Account on August 26, 2008: 300,000,000 to the Defendant’s Han Bank C account designated by the Defendant on August 31, 2008; 500,000; 500,000 to the Defendant’s Dong Jae on August 31, 2008 to the Defendant’s EF account designated by the Defendant on September 1, 2008; 10,000 to the remittance to the Defendant’s Han Bank Account on September 1, 2008; and 25,000,000 to the Defendant’s Agricultural Bank Account on September 1, 208.
B. On August 20, 2010, the Defendant was prosecuted for committing the crime of “a person who, even if borrowing money from the Plaintiff, received money without any intent and ability to repay it, and received a judgment of suspension of sentence as to KRW 1 million on August 20, 2010 ( Daejeon District Court Decision 2010Da652), and the Prosecutor’s appeal was dismissed on November 25, 2010 (No. 2010No2202) and the said judgment became final and conclusive.
[Reasons for Recognition] Evidence No. 2, Evidence No. 3, and the purport of the whole pleadings
2. The plaintiff's ground of claim and the defendant's argument
A. As to the Defendant’s argument, the Defendant asserts as follows regarding the Plaintiff’s claim for the instant loan loan. ① On April 2008, KRW 5 million was borrowed from the Plaintiff at the time when the Plaintiff and the Defendant were married with their natives, but the remaining KRW 20 million was paid on August 2, 2008, when the Plaintiff and the Defendant began living with the Defendant on the premise of marriage, and was donated not as a loan. ② Even if the Plaintiff was a loan of KRW 20 million, the Plaintiff was exempted from the Defendant’s obligation through online mail storage on July 2, 2009. ② The evidence submitted by the Defendant alone to acknowledge the said assertion.