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1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from February 1, 2018 to the date of full payment.
Reasons
1. The fact that the Plaintiff deposited the sum of KRW 100,000,000 in the deposit account designated by the Defendant (hereinafter “instant KRW 100,000”) on five occasions as follows is either a dispute between the parties or acknowledged by each entry in Gap’s evidence 1 through 5.
On January 31, 2008, 40,000 C 20,000 C on February 11, 2008, 200 C 3 3 February 16, 2008, 16.2,000,000 D 4 on February 16, 2008, 16.2,000,000,000 D 5 on February 38, 2008, 200,000 D 5 on February 16, 2008
2. The plaintiff asserted that the plaintiff lent KRW 100 million to the defendant under the condition that he would be repaid within six months, and that the defendant agreed to return KRW 100 million to the plaintiff several times thereafter, even if he did not lend it to the defendant, and thereafter, he/she claimed against the defendant for payment of KRW 100 million and damages for delay calculated from the day following the delivery date of a copy of the complaint.
In regard to this, the Defendant asserted that the instant KRW 100 million was not borrowed by himself, but that it was merely received from the Plaintiff to the account in the name of Dong C in the name of Dong C, or that the account number was given to the Plaintiff to deposit in the bank account in the name of the non-party company directly, and that the Defendant did not have any obligation to return the instant KRW 100 million to the Plaintiff and there was no agreement to return it.
3. The fact that KRW 38,00,000, out of the KRW 100,000,000, was deposited directly from the Plaintiff to the deposit account in the name of the non-party company is as seen earlier.
In addition, comprehensively taking account of the overall purport of the arguments in each statement of Gap's evidence Nos. 6 through 11 and Eul's evidence Nos. 1 through 4 (including each number, hereinafter the same) on January 31, 2008, 20,000 won out of the plaintiff's deposit account in the name of the defendant's living together with C was deposited into the deposit account in the name of the non-party company.