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1. The Defendant shall pay to the Plaintiff KRW 32,106,454 and a rate of KRW 20% per annum from June 17, 2014 to the date of complete payment.
Reasons
1. Basic facts
A. From May 20, 2009 to February 5, 2010, the Plaintiff determined 32,106,454 won as interest rate of 12% per annum and the due date of repayment on February 4, 2012 to the Defendant.
B. From the end of 2008, the Defendant and Nonparty C (the spouse of the Defendant) operated a restaurant in the name of “D” from the end of Gyeonggi-do, and the Plaintiff transferred KRW 7,106,454 as of May 20, 2009 to the Defendant’s account in the name of the Defendant, and the sum of KRW 25,000,000 as of February 5, 2010 was transferred to “C” account.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 [including a Serial number; hereinafter the same shall apply], the defendant denies the signature of Gap evidence Nos. 1 (a 5) but according to the appraiser E's appraisal result, Gap evidence No. 1 (a 5)'s signature book and signature book Nos. 5's signature book (a 5's own signature person) are written with a high identity, and the above loan certificate is recognized as a whole document authenticity], the appraisal result of appraiser E, and the purport of the whole pleadings.
2. Judgment on the plaintiff's claim
A. According to the facts acknowledged earlier, the Defendant is obligated to pay the Plaintiff a loan of KRW 32,106,454 and damages for delay at the rate of KRW 20 per annum from June 17, 2014 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint.
B. As to the remittance amount of May 20, 2009, the Defendant asserted that (1) as to the remittance amount of the Defendant’s wife C, the Plaintiff was returned to Korea without any income even though the Defendant did not return to Korea and difficult to move back to Korea without any income, and (2) as to the remittance amount of February 5, 2010, the Defendant asserted that the Defendant’s family was the donation of the Plaintiff.