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1. The Defendant shall pay to the Plaintiff KRW 809,00,000 and the interest rate of KRW 15% per annum from July 1, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. The plaintiff is the spouse of the intervenor joining the plaintiff (hereinafter referred to as "the intervenor"), and the defendant is the kind of intervenor's friendship.
B. On February 7, 2000, the Intervenor and the Defendant jointly owned each land indicated in the “land” column as indicated below with the Intervenor’s father, the Defendant’s wife and children (hereinafter “land attached to the instant case”). On February 7, 2000, the Defendant sold the land attached to the instant case to the Private Teaching Institutes on behalf of the said co-owners at KRW 3.22 billion on behalf of the said co-owners.
Co-owners of land: Defendant 593m2, the Intervenor F cemetery G (Defendant’s wife), H (Defendant’s son’s wife), the 164m2, the Intervenor’s 164m2, the Intervenor K forest and field 95m2, G;
C. In addition, the Intervenor and the Defendant shared the land of 7742 square meters of Busan LA from around 1974 with his/her family members. However, in around 2002, MA corporation, the representative director of which is the Defendant’s wife, sold the said land on behalf of the said co-owner to MAS Korea Co., Ltd. (hereinafter “PaS Korea”), and later, on August 22, 2003, the Defendant issued each of the following documents (Evidence No. 4, hereinafter “each of the instant documents”) to the Intervenor:
It is confirmed that 600 million won in addition to N. 40 million won, O 400 million, and P 400 million for L (the instant L land).
On February 26, 2004, the Defendant prepared and delivered a cash custody certificate (No. 1; hereinafter “the cash custody certificate of this case”) with the following contents to the Plaintiff.
I (Defendant) keep the amount of one billion won in cash of A (Plaintiff) in custody and promises A to pay the said amount on the shortest date.
E. Meanwhile, from around 2003 to 2006, the details that the Defendant remitted from around 2003 to the account in the name of the Plaintiff or the Intervenor or his parent are as follows.
On May 15, 2003, Plaintiff 20 million won on June 25, 2003, Plaintiff 20 million won on June 25, 2003, and KRW 15 million on June 25, 2003.