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1. The defendant is 5% per annum from July 4, 2020 to November 25, 2020 to the plaintiff.
Reasons
Facts of recognition
The relationship between the Plaintiff and the Defendant began to come to school from around 2011 and came to school around July 2018.
The Plaintiff shall transfer money to the Defendant KRW 25 million on March 30, 2018, KRW 17 million on March 31, 2018, and the same year.
4.1.1.35 million won, and a total of KRW 81.5 million on October 25 of the same year, remitted a total of KRW 81.5 million.
The defendant from March 30, 2018 to the same year.
4. 1. up to 1. The Plaintiff transferred money equivalent to KRW 77.5 million from the Plaintiff to the Nonghyup Bank account in the name of the Plaintiff Company D immediately.
【In the absence of dispute, the Plaintiff is obligated to pay the principal and damages for delay to the Plaintiff, on the ground that: (a) there is no dispute; (b) Gap's evidence Nos. 1 through 3 (including a serial number; hereinafter the same shall apply); and (c) Eul's statement and images as to the evidence Nos. 1 through 3; and (d) the summary of the allegations by the Plaintiff as to the purport of the entire pleadings; and (c)
Money transferred to the Defendant by the Plaintiff to the Defendant constitutes illegal consideration, which constitutes gambling funds that the Plaintiff delivered to the Defendant, while gambling in an illegal gambling site with the Defendant’s ID and password, constitutes illegal consideration, and thus, the Defendant does not have any obligation to return the money.
Provided, That from March 30, 2018 to the same year
4. 1. In full view of the facts acknowledged as part of remittance and the following circumstances acknowledged by the aforementioned evidence, the Plaintiff from March 30, 2018 to the Defendant:
4.1. It is difficult to recognize KRW 77.5 million remitted until January 1, 200 as a loan. Even if a domestic loan was made, the Plaintiff appears to have known that it would be used as gambling funds, and thus, it cannot be claimed as illegal consideration (main sentence of Article 746 of the Civil Act).
The defendant's entry into Korea after completing overseas travel on March 29, 2018, stating that the plaintiff loaned money without making a specific talk, and that he remitted 77,50,000 won over three days from the 30th of the same month to April 1, 2018.