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1. The Defendant’s KRW 23,500,000 as well as the Plaintiff’s annual rate of KRW 5% from January 16, 2015 to July 6, 2016.
Reasons
1. The plaintiff's assertion
A. From October 10, 200 to November 24, 2003, the Plaintiff loaned a total of KRW 30,000,000 to the Defendant as a deposit money for housing, but paid KRW 20,00,000 among them. Around September 30, 2008, the Plaintiff lent a total of KRW 30,000,000 to the Defendant as a credit card price. As such, the Defendant is obligated to repay each of the above loans to the Plaintiff.
B. On May 208, 2008, the Plaintiff: (a) purchased the instant automobile from the Defendant, and agreed to pay the installment cost of the instant automobile; (b) paid KRW 23,500,000 to the Defendant as the installment payment; and (c) used the instant automobile upon delivery; and (d) the Defendant did not return the instant automobile after having brought the instant automobile to the Defendant around September 2012; (b) accordingly, the Plaintiff cancelled the instant automobile transfer contract with the Defendant and sought refund of KRW 23,50,000,000 paid by the Plaintiff.
2. Determination on loan claims
A. The fact that the Plaintiff loaned a total of KRW 30,00,000 to the Defendant in 2003 does not conflict between the parties, and that the Defendant repaid a total of KRW 20,000,000 among the above loans is the Plaintiff. Thus, barring any special circumstance, the Defendant is obliged to pay the remainder of the loans to the Plaintiff KRW 10,000,000, barring any special circumstance.
In regard to this, the defendant asserts that all of the above loans were repaid by the defendant, and if the purport of the entire pleadings is added to the statement in the evidence Nos. 1 and 7, the defendant worked as the main agent from February 2004 to May 2008 as the plaintiff's business with another person, and during the above period, the defendant worked as the main agent from February 3, 2006 to February 2, 2006, the amount transferred from the above D to November 2006, and the amount transferred from March 3, 200,000 won per month from March 3, 2006 to November 2006, and the amount of KRW 3,60,000 per month from December 2, 2006 to February 3, 200, but the defendant even before the above period was extended to February 3, 203.