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1. The Defendant’s KRW 200,000,000 as well as annual 5% from July 1, 2006 to October 8, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff paid KRW 90,000,000 to the Defendant on October 7, 2004, KRW 100,000,000, and KRW 10,000 on October 8, 2004, and KRW 90,000 on the same day through the account under C’s name, the Plaintiff’s wife on the same day.
B. After that, on November 17, 2004, the Plaintiff drawn up a notarial deed of debt repayment contract (hereinafter “notarial deed of this case”) with the content that the Plaintiff made a loan to the Defendant (hereinafter “instant loan”) with the maturity date fixed on June 30, 2006 by a notary public at the General Law Office of Law Firm Dae-Gyeong (hereinafter “instant money”).
[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1 through 3 (including branch numbers, if any) and the purport of whole pleading
2. According to the above facts of determination as to the cause of the claim, the transfer of the Plaintiff’s money to the Defendant as KRW 100,000,000 on October 7, 2004, and KRW 10,000,000 on October 8, 2004, and KRW 90,000,000 on the Defendant may be deemed to have been lent to the Defendant. Therefore, the Defendant is obliged to pay the Plaintiff the instant loan and the damages for delay from the day following the due date of repayment, unless there are special circumstances to the contrary.
3. Judgment on the defendant's assertion
A. As to this, the Defendant established a collateral security on the real estate owned by the non-party company as a security for the instant money, submitted a claim statement in the Daejeon District Court Seosan Branch D Voluntary Auction case, did not take any legal measures until eight years or more from June 30, 2006, and did not claim the payment of the instant money in separate cases between the Plaintiff and the Defendant (Tgu District Court 2014Kadan601). In light of the fact that the Defendant, as an oriental medical doctor, did not have any reason to borrow the instant money from the Plaintiff, the instant loan to the non-party company (hereinafter “non-party company”).