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1. The Defendant’s KRW 45,300,000 and KRW 3,000 among the Plaintiff’s KRW 2% per month from May 8, 2017 to the date of full payment.
Reasons
1. The Plaintiff remitted 0.10 won to the Defendant on May 8, 201 by means of account transfer, of KRW 3,00,00,00 for KRW 2,00,00 on June 24, 2017; KRW 3,00,000 on July 10, 2017; KRW 1,00,00 on July 18, 2017; KRW 3,50,000 on July 19, 2017; KRW 0.3,00,000 on July 3, 200, KRW 30,000,00 on July 25, 2017; KRW 10.0,00 on July 3, 200; KRW 50,00 on July 30, 200 on July 31, 2017; KRW 10,00 on August 10, 2017;
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. As to the Plaintiff’s assertion that: (a) from May 8, 2017 to November 10, 2017, the Defendant alleged that the Plaintiff remitted the total of KRW 45,300,000 to the Defendant as above; (b) the Defendant asserted that the said money did not constitute a loan unilaterally wired money by the Plaintiff, who was in a relationship of interest, used the Plaintiff’s purchase of goods, living expenses, etc. intending to obtain a refund; and (c) the said money was used for the Plaintiff’s refund.
B. In full view of the purport of the entire pleadings in the evidence Nos. 2 and 3-1, 2, and 3 of the evidence Nos. 2 and 3-3, the Plaintiff set and lent KRW 3,000,000 to the Defendant on March 17, 2017 under the joint and several surety of C, which was before the Plaintiff pays each of the above transfers to the Defendant, as interest and delay damages, 2% of the interest and delay damages, and as of June 17, 2017. The Defendant delegated the Plaintiff to the Plaintiff for this purpose.
5. On May 8, 2017, a notary public prepared a notarial deed of monetary loan agreement to the effect that, if a notary public fails to perform his/her obligation under the No. 460 of D Deed No. 2017, he/she was immediately subject to compulsory execution, the Defendant borrowed KRW 3,000,000 from the Plaintiff for the interest rate of KRW 2% on interest and August 8, 2017, with respect to KRW 3,000,000 from the Plaintiff.