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1. The defendant shall pay 80 million won to the plaintiff and 15% per annum from January 5, 2019 to the day of complete payment.
Reasons
According to the facts without dispute, Gap evidence Nos. 1 through 3 and the purport of the entire pleadings, the plaintiff is recognized as the person who received payment from the defendant on September 20, 201, with a total of KRW 40 million transferred from the defendant four times in the name of D on September 20, 201.
Thus, the defendant is obligated to pay the plaintiff the amount of KRW 80 million which has not been paid and the damages for delay calculated at the rate of 15% per annum from January 5, 2019 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.
As to this, the Defendant asserts that the Plaintiff, ① KRW 40 million around June 2016, ② Plaintiff’s son around 2016, ② KRW 20 million for Plaintiff’s son around 2016, ③ substantial private shares E of C around 2016, paid KRW 10 million to Plaintiff F.
However, there is no evidence to support the above repayment.