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1. The defendant shall pay 25,00,000 won to the plaintiff and 30% per annum from February 23, 2009 to the day of full payment.
Reasons
1. The fact that the plaintiff remitted the amount of KRW 1 million to the defendant on September 5, 2007, KRW 200 million on September 28, 2007, KRW 4 million on October 5, 2007, KRW 7 million on October 26, 2007, and KRW 7 million on October 26, 2007 is no dispute between the parties.
The plaintiff asserts that he lent the above money to the defendant, and the defendant asserts that he received a donation, and there is no evidence to prove that the above money is a loan, and this part of the plaintiff's assertion is without merit
2. Determination as to the assertion on the return of loans in 208 and 2009
A. The Plaintiff, on May 19, 2008, remitted the amount of KRW 25 million to the Defendant from the Dong Jae’s account to the Defendant from May 19, 2008, and the cash custody certificate to the effect that “the Defendant, on February 23, 2009, borrowed KRW 25 million from the Plaintiff on March 30, 2009 and borrowed at the rate of 5% per month.”
The fact that it was prepared and delivered to the Plaintiff does not conflict between the parties.
B. The plaintiff alleged that on May 19, 2008 and February 23, 2009, the defendant lent KRW 50 million each to the defendant, and the defendant on May 19, 2008 donated KRW 25 million from the plaintiff, and on February 23, 2009, there was no money received from the plaintiff, and the defendant issued the certificate of the loan in this case as to KRW 25 million.
C. First, as to whether the Plaintiff transferred KRW 25 million on May 19, 2008 to the Defendant, the witness C’s testimony as seen above is difficult to believe, and there is no other evidence to acknowledge it. Therefore, this part of the Plaintiff’s assertion is without merit.
(1) Next, as to whether the Plaintiff lent KRW 25 million to the Defendant on February 23, 2009, the Health Board, while making a lot of monetary transactions between the Plaintiff and the Plaintiff, there is no document such as a loan certificate, etc. In light of the fact that the Defendant prepared and delivered the instant loan certificate stating the specific contents of the loan, such as the amount, maturity, interest rate, etc. on the above day, and the Plaintiff.