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1. The Defendant shall pay to the Plaintiff KRW 61,00,000 and the interest rate of KRW 15% per annum from October 9, 2015 to the date of complete payment.
Reasons
1. Facts of recognition;
A. The Plaintiff is the mother of the deceased C, and the Defendant was the spouse of C who completed the marriage report with C on December 21, 2010.
B. On December 27, 2010, the Plaintiff loaned KRW 61,000,000 to the Defendant on December 28, 2010, with a loan of KRW 61,000,000 from the New Bank Co., Ltd. (hereinafter “New Bank”). The Plaintiff wired KRW 61,00,000 to the Defendant on the following day.
C. The Defendant and C entered into a lease contract with D and E on October 13, 2010, setting the deposit amount as KRW 250,000 with respect to the F apartment 102 Dong 1001, Guro-gu Seoul Metropolitan Government F apartment 102 Dong 1001.
The defendant used 61,00,000 won received from the plaintiff to pay the deposit for the lease on a deposit basis.
E. C died on July 28, 2015.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 5, Eul evidence Nos. 1, 2, 6, 7, and 13 (including each number if any)
2. Determination
A. The summary of the Plaintiff’s assertion 1) The Plaintiff lent KRW 61,00,000 to the Defendant on December 28, 2010, and the Defendant is obligated to pay KRW 61,000,000 for loans and delay damages therefor. 2) The gist of the Defendant’s assertion is that the Plaintiff donated KRW 61,00,000 to C for the purpose of providing funds for new marriage loan, and the Defendant is not obligated to pay the above money.
B. Determination as to the character of money, the interpretation of a juristic act is clearly confirming the objective meaning which the parties gave to the act of indicating it, and where there is any disagreement on the interpretation of a juristic act between the parties and thus the interpretation of the parties is at issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the juristic act, the motive and background leading up to the juristic act, the purpose to be achieved by the juristic act, the genuine intent of the parties, etc.