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1. The Defendant: (a) KRW 25 million to the Plaintiff; and (b) 5% per annum from July 3, 2014 to January 13, 2015 to the Plaintiff.
Reasons
1. The Plaintiff wired to the Defendant KRW 10 million on September 8, 2012, KRW 14.1 million on November 14, 2012, KRW 200,000 on January 29, 2013, KRW 200,000 on March 18, 2013, KRW 5 million on May 27, 2013, KRW 200,000 on July 16, 2013, KRW 3 million on August 31, 2013, KRW 200,000 on February 24, 2014, and KRW 200,00 on March 25, 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1
2. The parties' assertion
A. The Plaintiff, upon receiving the Defendant’s request, lent KRW 29 million to the Defendant as above. As the Plaintiff is obligated to pay the said money and its delay damages to the Plaintiff. The Plaintiff is obligated to pay the said money to the Plaintiff.
B. The plaintiff donated the above money to the defendant under the defendant's title, and the defendant is not obligated to pay the above money.
3. Determination
A. As to KRW 2 million as of February 24, 2014, and KRW 2 million as of March 25, 2014, the Defendant: (a) in light of the fact that the Plaintiff was the Plaintiff to the effect that the said KRW 4 million was made by means of living expenses or as a donation to the Defendant’s sexual intercourse with the Defendant, the said KRW 4 million is recognized as a donation to the Defendant; and (b) thus, the Plaintiff’s claim for this part on the premise that the said money was lent to the Defendant is groundless.
B. In full view of the purport of the entire pleadings and arguments as to the remainder of KRW 25 million, excluding the money set forth in the above 3-A, the Plaintiff sent the above money to the Defendant, stating that it is the name of the Defendant’s loan to the Defendant, and the Defendant sent the money to the Plaintiff several times on March 25, 2014, and in particular, on March 25, 2014, the Plaintiff’s letter-based delivery stating that “29 million won is to be repaid until April 16, 2014,” the Plaintiff’s letter-based delivery that read “25 million won is not due to the time of the transfer, and is at the risk of the transfer.”