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1. The Defendant’s KRW 10,000,000 for the Plaintiff and 5% per annum from August 24, 2013 to May 22, 2014.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff lent a total of KRW 235 million to the Defendant from January 5, 2009 to February 9, 2012, without having set the due date for reimbursement. The Plaintiff received reimbursement from the Defendant in total of KRW 40 million on March 9, 2009 and KRW 20 million on December 18, 2009.
Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 195,100,000 (=235,100,000 won - 40,000 won) and damages for delay.
B. The Defendant’s assertion that the Defendant was remitted from the Plaintiff is merely a donation that the Defendant donated from the Plaintiff for the purpose of living expenses, opening business funds, etc., not a loan.
2. Determination
A. In full view of the overall purport of the statements and arguments as indicated in subparagraph 1-2, and subparagraph 1-3, the Plaintiff transferred the sum of KRW 210,400,300 to the Busan Bank Account (C, D, and E) in the name of the Defendant from January 5, 2009 to February 9, 2012. The Defendant transferred the sum of KRW 210,400,300 to the Busan Bank Account (C, E) in the name of the Plaintiff, and the Defendant transferred the sum of KRW 20,000,000 to the Busan Bank Account (C, and E) in the name of the Plaintiff.
<표> 순번 일자 송금금액(원) 순번 일자 송금금액(원) 1 2009-01-05 2,000,000 32 2011-05-07 1,000,000 2 2009-02-04 2,000,000 33 2011-07-05 2,000,000 3 2009-04-06 2,000,000 34 2011-08-02 2,000,000 4 2009-05-06 3,000,000 35 2011-08-11 1,000,000 5 2009-05-21 1,000,000 36 2011-09-05 1,500,000 6 2009-08-06 2,000,000 37 2011-10-06 2,000,000 7 2009-08-17 10,000,000 38 2011-11-05 2,000,000 8 2009-09-03 2,000,000 39 2011-11-18 500,000 9 2009-09-29 1,000,000 40 2011-12-05 2,000,000 10 2009-10-05 2,000,000 41 2012-01-04 2,000,000 11 2009-10-20 1,000,000 42 2012-02-04 1,000,000 12 2009-11-04 2,000,000 43 2012-02-04 1,500,000 13 2009-12-16 2,000,000 44 2012-02-09 15,000,000 14 2009-12-21 5,300,300 45 2012-02-10 15,000,000 15 2010-01-05 2,000,000 46 2012-02-11 10,000,000 16 2010-01-14 1,000,000 47 2012-02-13 10,000,000 17 2010-02-03 4,000,000 48 2012-03-02 2,000,000 18 2010-03-08 2,000,000 49 2012-03-10 10,000,000 19 2010-04-02 3,800...