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1. The Defendant’s KRW 30,000,00 and the Plaintiff’s annual rate of KRW 5% from September 3, 2014 to April 9, 2015, and the following.
Reasons
1. Summary of the parties' assertion
A. Since the Plaintiff’s purchase of housing requires the purchase of housing, the Plaintiff loaned to the Defendant a total of KRW 80,000,000 on April 7, 2006, and KRW 50,000,000 on April 17, 2006, at the interest rate of KRW 80,000,000 on a bank loan rate and KRW 3 months on a maturity date.
Therefore, the Defendant is obliged to pay the Plaintiff the total amount of KRW 80,000,000 and damages for delay from the day following the service of the original copy of the payment order.
B. It is true that the Defendant borrowed KRW 30,000,000 from the Plaintiff on April 7, 2006 due to the shortage of the Defendant’s living capital.
However, the remaining 50,000,000 won is not a loan that the plaintiff unilaterally deposited into the defendant's account due to the personal situation. Since the defendant withdraws 50,000,000 won and returned it to the plaintiff, there is no obligation to repay or return it.
2. According to the facts without dispute, Gap 1 and 2 evidence (including paper numbers), each of which was deposited from the plaintiff's account in the plaintiff's name (CF) to the defendant's account is recognized.
The defendant recognized the plaintiff's claim for loans of KRW 30,000,000 on April 7, 2006, and is disputing the plaintiff's claim for loans of KRW 50,000,000 on April 17, 206.
As a result of the written evidence No. 1 and the response of the court's order to submit financial transaction information to Gyeongnam Bank Co., Ltd., the plaintiff borrowed KRW 80,000,000 from the plaintiff as it is necessary for the defendant to purchase a house, but at that time, there was no data to recognize that the defendant purchased the house at that time, and on April 24, 2006, after deposit of KRW 50,000 from the plaintiff's account to the defendant's account, the defendant withdrawn KRW 50,000,000 as five copies of the check. The plaintiff presented one of the above 10,000,000 among them on September 25, 2006, and the plaintiff paid KRW 10,000,000 to the defendant's account.