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1. The defendant shall pay 98,00,000 won to the plaintiff and 12% per annum from February 13, 2020 to the day of complete payment.
Reasons
Facts of recognition
From April 11, 2017 to April 27, 2017, the Plaintiff remitted KRW 15,000,000, 6,000,000, 9,000,000, 15,000,000,3,000,000, and 50,000,000, total of KRW 98,000,00,000 to the bank account under the name of the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and the purport of the whole argument are asserted by the parties concerned. The plaintiff asserts that since the plaintiff extended KRW 98,00,000 to the defendant and paid it up to the end of May 2017, the defendant sought payment of KRW 98,00,000 to the plaintiff and delay damages.
In this regard, the defendant asserts that the above money received from the plaintiff was not the money leased by the defendant, but the purchase price of real estate was paid to the non-party C corporation.
Judgment
In full view of the purport of Gap evidence No. 2 and all the arguments, whether the plaintiff was obliged to complete the plaintiff's telephone conversations with the defendant on February 27, 2019, "I", "I", "I", and "I" must complete the defendant's 100 million won, and "I", once 100 million won has to be fully repaid.
“The Plaintiff answer to the Defendant,” and so, the Defendant sent to the Defendant, “The Plaintiff’s address, loaned money, and the Plaintiff’s address since this address, the Plaintiff’s softened, softened, and softened, soften, soften, “h, hind, and hin that the Plaintiff had no speech, and softened, with only one word, “hin,” and softened with one word.
The plaintiff responded to the defendant, and the plaintiff is obliged to pay "," "," in ice, ice, and ice to the defendant.
“The Defendant is the Defendant’s “SIER.”
According to the above facts, the plaintiff lent KRW 98,00,00 to the defendant, and even if the due date has already arrived or the due date for domestic payment has not been fixed on February 27, 2019, which was around the time of telephone communications, the plaintiff had been for a considerable period of time from the above peremptory notice of the plaintiff's repayment at the time of filing the lawsuit in this case.