beta
Text
1. The Defendant’s KRW 52,656,808 as well as the Plaintiff’s annual rate of 5% from July 11, 2015 to December 7, 2016.
Reasons
1. Basic facts
A. The plaintiff is the father of the defendant and C.
B. A deposit agreement between the Plaintiff and the Defendant 1) The Defendant, around September 201, intended to keep the Plaintiff’s money of KRW 300 million (hereinafter “instant deposit”).
() On September 24, 2011, the Plaintiff prepared a cash custody certificate stating that “the Defendant explicitly stated that the Plaintiff’s money is KRW 300 million.” 2) The Defendant remitted the Plaintiff KRW 100 million on February 9, 2012, and KRW 70 million on March 12, 2012, and received KRW 170 million from the Plaintiff on April 2, 2012.
C. 1) The Plaintiff, the Defendant, and C using the Plaintiff’s funds to purchase the instant real estate, and the name of the Defendant and C, the Seoul Northern-gu D site and its ground neighborhood living facilities and E site (hereinafter “instant real estate”).
(2) The Defendant agreed to purchase the instant real estate from F and G on April 5, 2013, and the Defendant and C agreed to purchase the said real estate worth KRW 1230 million in total, including the remainder payment of KRW 120 million, intermediate payment of KRW 150 million, and the remainder of KRW 960 million (loan KRW 60 million, lease deposit of KRW 150 million), and KRW 1.23 billion in total.
(3) On April 5, 2013, the Plaintiff paid the down payment of KRW 120 million to F and G. 4) On March 28, 2013, the Defendant remitted KRW 70 million to the Plaintiff on March 28, 2013, and the Plaintiff received KRW 90 million from the Plaintiff on April 25, 2013, and paid KRW 150 million in the part payment on the same day to F.
5) On May 13, 2013, F and G deleted the registration of creation of a neighboring mortgage in the name of the Industrial Bank of Korea, which was completed on the instant real estate, and completed the registration of establishment of a mortgage with the Defendant and C. On May 13, 2013, the Defendant deposited KRW 240 million from the Plaintiff to the Defendant’s passbook, and withdrawn KRW 425 million from the said passbook, and on the same day, borrowed KRW 50 million from the National Bank of Korea as security the instant real estate from the Defendant on May 13, 2013. 6) The Defendant borrowed KRW 85 million from F on May 13, 2013.