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1. The Defendant: (a) KRW 86,00,000 for the Plaintiff and KRW 5% per annum from October 19, 2019 to May 13, 2020; and (b).
Reasons
The plaintiff and the defendant maintained the Buddhist relationship from around 2014 to 2019.
The Plaintiff remitted to the Defendant KRW 10 million on June 16, 2015, KRW 10 million on June 24, 2015, KRW 5 million on July 2, 2015, KRW 5 million on July 5, 2015, KRW 20 million on July 5, 2015, KRW 20 million on October 31, 2016, and KRW 36 million on August 30, 2017.
【In the absence of dispute, the Plaintiff’s claim as to the grounds for the determination of the Plaintiff’s claim as to the grounds for the claim as to Gap’s evidence Nos. 1-1, 2, and 3, and the entire purport of the pleading, and the entire purport of the pleading, was lent KRW 30 million to the Defendant from June 16, 2015 to July 5, 2015, and KRW 20 million on October 31, 2016 in order to purchase the right to sell the Incheon Seo-gu, Seo-gu, Incheon, and D apartment, and KRW 30 million on August 30, 2017 for the payment of the remainder of the apartment.
[Dissenting this, the Defendant asserts that the Plaintiff received money from the Plaintiff as above but did not receive money as a donation with an internal relation, or that it was not borrowed.] Even if there is no dispute over the fact that the Plaintiff received money between the parties to the judgment, the Plaintiff is liable to prove that the cause of receiving money is a loan for consumption (see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014) while the Defendant asserts that it is a loan for consumption, the Plaintiff is liable to prove that it is a loan for consumption if it is against other purposes (see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). It cannot be concluded that the cause of receiving money is a donation immediately due to the fact that
Comprehensively taking account of the following circumstances acknowledged by the purport of each of the statements and arguments set forth in subparagraphs A through 4, the Plaintiff loaned KRW 10 million to the Defendant on June 16, 2015, KRW 10 million on June 24, 2015, KRW 5 million on July 2, 2015, KRW 500,000 on July 5, 2015, KRW 20 million on July 5, 2015, and KRW 30 million on October 31, 2016, and KRW 6 million on August 30, 2017.