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1. The Defendant: 5% per annum from May 23, 2013 to July 1, 2013, and on July 2, 2013, to the Plaintiff.
Reasons
1. Basic facts
A. At present, the Defendant is currently pending a divorce suit between wife C and Incheon District Court No. 2011dhap402, and the Plaintiff is the remaining students of C and the Defendant’s wife.
B. On October 21, 2008, the Plaintiff completed registration of the preservation of ownership in its own name with respect to D Apartment Nos. 203, 1301 (hereinafter “instant apartment”) in Nam-gu, Incheon (hereinafter “instant apartment”) and was living together with his parents (the Defendant’s head and the mother).
C. However, as of June 10, 2010 between the Plaintiff and the Defendant, the Defendant concluded a lease agreement between the Plaintiff and the Plaintiff, setting the deposit amount of KRW 100 million and the period of twenty-four months (hereinafter “instant lease agreement”).
At the time, the Defendant was currently serving as a soldier, and was able to obtain a loan under favorable conditions for the entire loan fund due to business partnership between the military unit and the Industrial Bank of Korea, and on June 22, 2010, the Bank borrowed KRW 96 million from the Industrial Bank of Korea as a deposit money under the instant lease agreement.
At the time of the above loan contract, the Defendant transferred to the Industrial Bank of Korea the right to refund the lease deposit equivalent to KRW 96 million to the Plaintiff as security, and notified the Plaintiff thereof.
On June 22, 2010, the Defendant deposited KRW 94 million in the Plaintiff’s account from among the above loans of KRW 96 million, and the Plaintiff transferred the total amount of KRW 94 million to E’s account, his mother (the mother’s mother’s mother) over several occasions from June 22, 2010 to June 24, 2010.
E. Meanwhile, on September 1, 2008, the Defendant and C purchased an officetel F 302 Dong 506, Yeonsu-gu, Incheon (hereinafter “instant officetel”). On November 4, 2009, the Defendant and C set the deposit amount of KRW 100 million to G and the period from November 30, 2009 to November 30, 201.
However, G around June 2010, prior to the expiration of the above term, sought termination of the above term of lease, and the Defendant and C prepared 100 million won as the lease deposit and returned it to G, and thereafter returned it to H on July 10, 2010.