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1. The defendant,
A. The Plaintiff A’s KRW 100,000,000 per annum from November 21, 2007 to April 9, 2019; and
Reasons
1. Determination as to Plaintiff A’s claim
A. Around October 2007, Plaintiff A claimed that Plaintiff A lent KRW 130,00,000 to the Defendant, stating that “If the Defendant loaned KRW 130,000,000 of the deposit money for the lease on a new domicile, the Defendant would immediately repay the deposit money for the lease on the second floor E of Gangnam-gu Seoul, Seoul, which is currently his residence, to the Defendant.”
However, as the above apartment house is subject to a security loan, there was no security deposit directly returned by the defendant.
Therefore, the defendant should pay to the plaintiff A the amount of KRW 100,000,000 calculated by deducting the amount of KRW 30,000,000 which the defendant repaid on December 11, 2007, from the amount of the above amount, as a preliminary repayment of the damages caused by deception, as well as damages for delay.
B. Determination 1) When there is no dispute between the parties as to the primary argument, or when comprehensively considering the purport of the entire arguments in the statement in Gap evidence Nos. 2-1 through 3, 9, and 10, the plaintiff extended a total of KRW 30,000,000, KRW 130,000 to the defendant two times around October 2007. However, the above facts alone are insufficient to recognize that the defendant had taken over the above money by deceiving the plaintiff, and there is no other evidence to support this. Accordingly, the plaintiff's primary argument in the conjunctive argument in Gap is without merit, as seen earlier, the plaintiff lent KRW 130,00,00 to the defendant around October 207, and there is no evidence to support that there was no agreement between the plaintiff and the defendant as to the loan repayment period.
However, on November 22, 2017, the fact that the copy of the complaint of this case, indicating the intent to claim the return of the above loan, was served on the defendant on November 22, 2017, is clear in the record, and the period during which the claim
I would like to say.
Therefore, the defendant 130,000,000 won against the plaintiff A.