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1. The Defendant’s KRW 38,00,000 and the Plaintiff’s annual rate of 12% from January 1, 2009 to August 28, 2017.
Reasons
1. Basic facts
A. The Plaintiff’s South-windy net C is the Plaintiff’s wife, and the Defendant is the wife of the network C.
B. From January 4, 2008 to January 21, 2008, a total of KRW 47,000,000 was remitted from the Plaintiff’s account to the Defendant’s account.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2-3, and the purport of the whole pleadings
2. Assertion and determination
A. The plaintiff and the deceased lent the above KRW 47,00,000 to the defendant and the deceased C, and the defendant and the deceased agreed to borrow the total amount of KRW 1,00,000,000 as damages upon termination of the insurance contract, and to pay the above KRW 1% interest per month on the damages amount of KRW 48,00,000. The plaintiff was refunded the principal amount of KRW 10,000,000 among the above money, and the defendant is obligated to pay the remainder of KRW 38,00,000 and interest thereon to the plaintiff. 2) The defendant is aware that the defendant net C traded money with the plaintiff using the defendant's passbook, and the details of the above money were refunded.
Even if a private loan was made, the loan claim was extinguished due to the expiration of the commercial prescription period.
B. As seen earlier, as long as the Defendant made a monetary transaction with the Plaintiff with its own account as seen earlier, the subject of monetary transaction is the Defendant.
Furthermore, as to whether the above money is a loan, according to each description of Gap evidence 1-4 through 7, the defendant or the deceased C has remitted money to the plaintiff's account as follows.
C on February 25, 2008, KRW 400,000, KRW 400,000 on April 10, 2008 C C on April 30, 2008, C on June 2, 2008, KRW 430,000 on June 2, 2008, KRW 430,000 on June 4, 2008, B on June 4, 2008, KRW 430,000 on June 4, 200, KRW C on June 17, 2008, KRW 330,000 on August 10, 208, C on September 38, 2008, KRW 30,000 on September 38, 200, C on September 18, 2008, C on June 30, 208, C08, 308.