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1. The Defendant’s KRW 108,013,698 for the Plaintiff and 5% per annum from July 5, 2006 to May 31, 2017.
Reasons
1. Basic facts
A. The Plaintiff has lent money to the Defendant several times in the past, as the Plaintiff had a joint meeting with the Defendant.
B. D, the Plaintiff’s husband, paid money to Defendant, Defendant’s East E or Defendant’s creditor F.
① D deposited KRW 50,00,000 on January 15, 1998, KRW 34,56,00 on March 26, 1998, KRW 48,670,00 on March 26, 1998, and KRW 133,236,00 on March 27, 1998.
② On May 7, 1998, D deposited KRW 100,000 in the Defendant’s account.
③ On July 28, 1999, the Plaintiff deposited KRW 46,000,00 in the Defendant’s account.
④ The Defendant owed F with F KRW 150,000,000. However, the Plaintiff paid on behalf of the Defendant the said KRW 150,000,000 to F on June 11, 2001.
C. The Defendant paid to the Plaintiff KRW 30,000,000 on September 5, 2005, and KRW 50,000,00 on July 4, 2006, respectively.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including each branch number, if any) and the purport of the whole pleadings
2. Determination on the cause of the claim
A. Determination on KRW 133,236,000 in total paid by D to E’s account
1.(b)
① The Plaintiff asserts that D’s total amount of KRW 133,236,00 paid to E from January 15, 1998 to March 27, 1998 is the amount that the Plaintiff lent to the Defendant, and the Defendant is obligated to return the above amount and damages for delay to the Plaintiff, as D paid to E’s account at the Defendant’s request. However, just because D deposited the above KRW 133,236,00 to E, it is insufficient to recognize that the Plaintiff lent the above amount to the Defendant, and there is no other evidence to acknowledge otherwise. The Plaintiff’s assertion in this part is without merit. The Plaintiff’s judgment on KRW 146,00,000 paid to the Defendant’s account (the above judgment on KRW 146,00,000 (the above judgment).
1.(b)
② According to the basic facts, the Defendant borrowed KRW 100,000,000 from the Plaintiff on May 7, 1998 and borrowed KRW 46,00,000 on July 28, 199.
(2).