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1. The Defendant (Counterclaim Plaintiff) paid KRW 32,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from October 30, 2012 to December 20, 2013.
Reasons
1. Determination on the main claim
A. From 2007 to 17 times, the Plaintiff asserted that the Defendant lent a total of KRW 47,288,000 to the Defendant and sought payment of the said loan against the Defendant.
(1) 50,00 won on September 8, 2007, (2) 4.5 million won on July 3, 2008, (3) 30,000 won on August 30, 208, (4) 20 million won on October 7, 2008, (5) 380,000 won on November 3, 2008, (6) 3 million won on November 3, 2008, (7) 200,000 won on May 19, 2008, 200,000 won on September 15, 2009, 200,000 won on July 25, 2009, 200,000 won on July 5, 200, 200,000 won on September 9, 2009;
Determination as to the cause of the claim ① On September 8, 2007, the Plaintiff asserted that the Plaintiff lent it to the Defendant under the pretext of supporting the alumni conference, and the Defendant asserted that this was not the money that the Plaintiff transferred to the accounts of the C Elementary School Foundation as supporting money and that it was not the money that the Defendant lent to the Defendant.
In light of the following circumstances, Gap evidence Nos. 1, 5 and Eul evidence Nos. 1 through 4 (including each number), and witness evidence Nos. 1 through 4, which can be acknowledged by adding the whole purport of the pleadings to the testimony of witness D, i.e., (i) it appears that the plaintiff and the defendant have been engaged in a large number of money transactions with a long term relationship, such as lending, stock investment, and club business, and (ii) it is difficult to readily conclude that a loan was granted solely on the ground that there was a fund transfer merely in a large number of transactions, as such, since the above money was entered in the evidence No. 1, it is insufficient to recognize that the above money was a money lent to the defendant, as alleged by the plaintiff.
② As regards July 3, 2008, KRW 4.5 million, ③ August 30, 2008, KRW 4 million, and ④ October 7, 2008, the Defendant led to the confession of the fact of borrowing.
⑤ As to November 3, 2008, the Plaintiff is a pilot under the name of the Defendant’s distribution expenses of the office E located in Daejeon-gu, Daejeon-gu.