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1. The Defendant’s KRW 82,00,000 and the Plaintiff’s annual rate of KRW 5% from January 15, 2016 to September 12, 2018, and the following.
Reasons
1. The parties' assertion
A. The Plaintiff’s husband died on or around August 200. The Plaintiff received KRW 150,000,000 from each insurance company to October 2001 as the husband’s death benefit. The Plaintiff did not have any particular means of living at the time, and the Plaintiff’s mother C agreed to pay the said money to C at the time of receiving interest on the Plaintiff’s interest accrued from the Plaintiff’s interest accrued to the Defendant as well as C. (2) The Plaintiff deposited the money to C each time when he received money from the insurance company, and C remitted the said money to the Defendant.
The plaintiff extended a total of KRW 150,000,000 to the defendant through C through this formula until October 2001, and the interest rate was set at KRW 1% per month (1,500,000).
3) The Defendant paid interest of KRW 1,50,000 on a transboundary basis, but did not pay the principal after the date of 2012, and the Plaintiff did not pay the principal at all. The Plaintiff was aware that it was possible for the Defendant to deny the existence of the loan and received a certificate of borrowing (Evidence A) by directly finding the Defendant around 2012. The above certificate of borrowing stated that the Defendant borrowed KRW 150,000 from the Plaintiff. Although the Defendant asserted that there was no lending of money from the Plaintiff, there is no reason to prepare the above certificate of borrowing, if the Defendant did not borrow money from the Plaintiff, the total amount of interest paid by the Defendant before the date of 2012 is KRW 114,291,00 (in the name of the Plaintiff and the Plaintiff, deposited into the account of the Plaintiff and the Plaintiff), and the said money was appropriated for the interest accrued until 2010.
Therefore, the defendant is obligated to pay to the plaintiff 150,000,000 won and damages for delay from January 1, 201.
B. Defendant’s assertion 1) The Plaintiff deposited money to C, and C lent money received from the Plaintiff to many persons including the Defendant, or invested in D Association, etc. The Defendant only made cash transactions with C, and there is no fact that there was no money transaction with the Plaintiff. 2) The Defendant did not pay money from C.