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1. The Defendant’s KRW 184,00,000 for the Plaintiff and 5% per annum from March 11, 2014 to June 11, 2015.
Reasons
1. The parties' assertion
A. On November 11, 2009, the Plaintiff: (a) lent the above money to the Defendant with the loans of KRW 49,000,000 under the name of the father C; (b) on October 7, 2010, the Plaintiff borrowed KRW 137,000,000 for the loans of KRW 137,00,000 for the following face value; and (c) on the loans of KRW 50,000 for the loans of KRW 135,000 for the checks with face value of KRW 1,00,000 for the face value of KRW 1,35,50,000 for the checks with face value of KRW 1,35,000 for the cash of KRW 1,00 for the said loans.
Therefore, the Defendant asserts that the Plaintiff lent KRW 137,000,000 to the Plaintiff (i.e., KRW 49,000,000) (i., KRW 137,000,000,000 to the Defendant on October 7, 2010, the Plaintiff is liable to pay KRW 137,000,000, which is the amount loaned at the time, for the creation of the loan.) and damages for delay.
B. In order to prevent reckless spending while running a business with D’s trade name and not to use money for any purpose other than business funds, the Plaintiff asserted by the Defendant: (a) received total of KRW 217,01,496, including KRW 40,000,000 from November 209 and KRW 110,000,000 from October 201, 201; and (b) requested transfer whenever expenses are necessary; and (c) the Defendant, from November 12, 2009 to February 28, 2014, remitted total of KRW 247,264,086, which is more than the amount requested by the Plaintiff to keep the assets; and (d) did not borrow money from the Plaintiff.
2. In full view of the overall purport of each statement and pleading as to Gap evidence Nos. 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, and 13 (including several serial numbers), the fact that on November 11, 2009, loans of KRW 49,000 to the account (Korean bank E) in the Plaintiff’s name was made (hereinafter the above loans were referred to as “first loan”), and on October 7, 2010, apartment houses owned by C were loans of KRW 137,00,000 to the account (Korean bankF) in the Plaintiff’s name (hereinafter the above loans were referred to as “second loan”). The Plaintiff’s total sum of face value of KRW 50,000,000, face value of check, KRW 10,000, KRW 3000, KRW 305,000, KRW 100,050.