beta
Text
1. Defendant B shall pay to the Plaintiff KRW 25,00,000 as well as 20% per annum from August 13, 2014 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B is a church pastor and Defendant C’s spouse, and the Plaintiff was a new E church located in Gwangju Mine-gu, where Defendant B was a pastor.
B. On October 20, 2008, the Plaintiff transferred KRW 15,000,00 to Defendant C’s Nonghyup Bank account (F).
C. On March 31, 2009, the Plaintiff borrowed KRW 20,000,000 from Geumnam community credit cooperatives and paid KRW 20,000,000 to Defendant B via G on the same day. On October 5, 2011, the Plaintiff was returned KRW 10,000,000 from Defendant B.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8 (including branch numbers), Eul evidence Nos. 1, 22 and the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The Plaintiff asserted that: (a) around October 20, 208, the Plaintiff paid the Defendants KRW 15,000,000 by account transfer; (b) KRW 5,000,000 in cash; and (c) KRW 20,00,000 in cash on March 31, 2009; and (c) lent KRW 10,000,000 in cash on October 5, 201; and (d) around October 201, KRW 10,000 in cash.
B. The Defendants alleged that the Defendants received KRW 15,00,000 from the Plaintiff on October 20, 208 by account transfer or around October 20, 2008, but did not borrow the above money, and received the above money with the church contribution, and did not receive KRW 5,00,000 in cash. ② The Defendants received KRW 20,000 on March 31, 2009 and returned KRW 10,000 among them, but the above money was donated to the church contribution, ③ there was no fact that they received KRW 20,000,000 in cash around October 201.
3. Determination
A. The following circumstances are as follows: (a) A claim against Defendant B against the loan of KRW 20,00,000 does not dispute between the parties to the above basic facts or comprehensively taking account of the overall purport of the pleadings as to the entries in Gap evidence Nos. 1, 8, Eul, 6, 7, and 22; (b) Defendant B received KRW 15,00,000 with the church contribution; (c) Defendant B received the church contribution of KRW 15,00,000 with the account transfer; (d) there is no easy understanding that the Plaintiff donated the church to the church by account transfer; and (e) the Plaintiff first became aware of the Defendants around June 2008.