The defendant shall pay 150,00,000 won to the plaintiff and 12% per annum from December 3, 2019 to the day of complete payment.

1. The Plaintiff and the Defendant transferred a total of KRW 150,000,000 to the Defendant from April 23, 2015 to December 8, 2017, between the Plaintiff and the Defendant, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff remitted 150,000,000 won to the Defendant, the Defendant is obligated to pay 150,000,000 won and damages for delay.

B. Defendant C merely borrowed the above money from the Plaintiff’s investment relationship with the Plaintiff and received the money from the Defendant to the passbook under the name of the Defendant, and the Defendant did not borrow the above money, thus the Plaintiff’s claim is unreasonable

3. In light of the following circumstances, the Plaintiff may be found to have lent KRW 150,00,00 to the Defendant in full view of the respective entries and arguments as stated in the evidence Nos. 3 and 13, and the Plaintiff’s husband reported his/her property registration to the workplace, and the Plaintiff reported his/her husband C, who is not the Defendant, to the obligor of KRW 150,000,000. The circumstances that the person who actually used the above loan was C and other materials submitted by the Defendant alone are insufficient to reverse the above recognition.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 150,000,000 and damages for delay calculated at the rate of 12% per annum from December 3, 2019 to the date of full payment, which is the day following the delivery date of a copy of the instant complaint.

The Plaintiff asserts that KRW 10 million, each remitted to the Defendant on April 23, 2015 and May 15, 2015, was lent to the Defendant’s purchase cost for 2 bonds located in Seongdong-gu Seoul, Seongdong-gu, Seoul, and that the Defendant additionally lent KRW 10 million on September 1, 2015, as it is necessary for the project funds insufficient due to the purchase cost of the apartment.

On May 18, 2015, the defendant around the above remittance date, purchased the above apartment bonds under the name of the defendant and the defendant, and completed the registration of ownership.