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1. The Defendant shall pay to the Plaintiff KRW 66,20,000 and the interest rate of KRW 20% per annum from October 25, 2014 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff remitted total of KRW 70,200,000 to the Defendant as follows.
on September 30, 200,000, which was remitted from the date of remittance to the account under the name of C as directed by the Defendant on September 5, 2007, from January 6, 2008 to the account under the name of D as directed by the Defendant on January 8, 2008, to the account under the name of C, and from January 2, 2000, to the account under the name of the Defendant on February 15, 2008, the money transferred from the account under the name of C to the account under the name of the Defendant on April 20, 2008, to the account under the name of the Plaintiff on April 16, 2008, to the account under the name of the Defendant on April 16, 200, to which the Plaintiff transferred from June 13, 2008 to the account under the name of the Defendant on June 8, 200, to the account under the name of the Defendant on July 20, 20008
B. The Defendant paid KRW 4,400,000 to the Plaintiff on September 9, 2008.
[Ground of recognition] Facts without dispute, Gap evidence No. 1-7, the purport of the whole pleadings
2. The allegations by the parties and the determination thereof
A. The plaintiff's assertion that the plaintiff lent a total of KRW 70,200,000 to the defendant, the defendant asserts that the plaintiff was a donation for the defendant's automobile business.
B. In light of the following, it is reasonable to view that the Plaintiff lent a total of KRW 70,200,000 to the Defendant in light of the fact that: (a) the Defendant also recognized that there was money to be repaid to the Plaintiff, and (b) the Plaintiff made a donation that is not a loan to the Defendant with the Defendant’s management funds, and the Plaintiff’s lending of KRW 70,200,000 to the Defendant; and (b) the only content of the evidence Nos. 1-1 and 2 is insufficient to reverse the fact of recognition and there is no other counter-
C. Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from October 25, 2014 to the day of full payment, which is stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, after the delivery of a copy of the instant complaint, to the Plaintiff.