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1. The Defendant: (a) KRW 83,300,000 for the Plaintiff and 5% per annum from November 16, 2014 to August 21, 2015.
Reasons
1. Facts recognized;
A. The Plaintiff transferred the Defendant’s account totaling KRW 86 million as follows.
: 20 million won on November 3, 2008; 13 million won on December 11, 2008; 1.7 million won on June 17, 2009; KRW 17 million on July 17, 2009; KRW 9 million on July 23, 2009; KRW 2 million on September 21, 2009; KRW 8 million on October 28, 2009; KRW 2 million on November 27, 2009; KRW 2 million on December 27, 2009; KRW 2 million on December 1, 2003; KRW 7 million on December 28, 2001; KRW 7 million on December 28, 2009; KRW 3 million on December 3, 200,000 on December 31, 2009; and
B. The Defendant paid to the Plaintiff KRW 17 million on June 18, 2009, and KRW 1 million on December 18, 2013.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff alleged that the above 86 million won was lent, and the defendant claimed the payment of the remaining 83.3 million won, excluding the amount of 2.7 million won paid as the repayment by the defendant.
The defendant asserts that he borrowed KRW 20 million, which was paid on October 9, 2012, but the total amount of KRW 20 million on November 3, 2008 and KRW 13 million on December 11, 2008, which was paid between June 17, 2009 and January 27, 2012, is paid as share investment money, and KRW 33 million, which was paid between June 17, 2009 and January 27, 2012.
3. The following circumstances, which are acknowledged by comprehensively considering the purport of the entire pleadings in each of the statements in Gap evidence Nos. 3, 6-1, 2, 3, and 8-2 through 9, are asserted that the plaintiff joined the fund and transferred the shares of which amount to KRW 20 million on Nov. 3, 2008 and KRW 13 million on Dec. 11, 2008. However, the above money appears to have been transferred to the money created by the plaintiff after the cancellation of the term deposit. The money claimed by the defendant as being paid as gift and the transfer of which amount was excessive (one time of sending KRW 9 million and KRW 8 million on July 201, 2014). The defendant sent to the plaintiff around July 2014 and around July 1, 2014.