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1. The Defendant’s KRW 65,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 2, 2015 to September 23, 2015.
Reasons
1. Basic facts
A. On July 14, 2010, the Plaintiff and the Defendant were between Makdong and Makdong, and transferred KRW 65 million from the account under the Plaintiff’s name to the account under the Defendant’s name.
B. The Plaintiff’s attached land owned 756 square meters in Jinju-si (hereinafter “instant land”). However, on November 14, 1997, the Plaintiff’s attached land E, F, G, and the Defendant on November 14, 1997, where it was difficult for a driving school that it operated to do so due to a default on payment, etc.
However, the transfer registration of ownership on the above land was made in E name in consideration of the circumstances of the above buyers.
C. On June 1, 2015, Defendant, E’s heir H, F, and G sold the instant land to Nonparty I. On July 1, 2015, the instant land was sold to Nonparty I, and the purchase price was received at the same time as the registration of ownership transfer was completed to I on July 1, 2015.
[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 and 2, and the purport of the whole pleading
2. Determination on the cause of the claim
A. On July 14, 2010, the Plaintiff asserted that the Plaintiff is obligated to pay the Plaintiff a loan of KRW 65 million and damages for delay since the land was sold on July 1, 2015, while the Plaintiff lent KRW 65 million to the Defendant on July 14, 2010, and the Plaintiff was obligated to pay the Plaintiff a loan of KRW 65 million and the damages for delay. 2) As to the Defendant’s assertion, the Defendant did not borrow the instant money from the Plaintiff, but received a loan from the Plaintiff’s father C around 1997, and the instant money was not received from the Plaintiff, but received from the Plaintiff, and the Defendant’s assertion is without merit.
B. In full view of the following circumstances, it is reasonable to view that the instant money was lent to the Defendant by the Plaintiff, taking into account the following circumstances that can be seen by comprehensively taking into account the facts acknowledged as above, and the statements in Gap evidence Nos. 6 and 7.
1. The instant money is from the account under the name of the Plaintiff.