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1. The Defendant’s KRW 80,000,000 and the Plaintiff’s annual rate of 5% from June 9, 2016 to January 3, 2020, respectively.
Reasons
1. Basic facts
A. B borrowed KRW 60,000,000 from the Plaintiff on April 1, 2016, the Plaintiff prepared and delivered a cash custody certificate (Evidence 1) to the Plaintiff as of April 1, 2016.
B. B received KRW 20,000,000 from the Plaintiff on June 8, 2016.
C. The details of the passbook between the Plaintiff and B, including the above money, are as follows.
According to the above, the amount that the Plaintiff remitted to B prior to the preparation of the cash custody certificate as of April 1, 2016 was KRW 69,000,000 (excluding KRW 20,000,000, which was the remittance portion of July 1, 2015, which was not claimed by the Plaintiff in this case) and the amount that the Plaintiff remitted to B is KRW 5,10,000.
After April 1, 2016, the Plaintiff transferred KRW 30,000,000 to B, and received KRW 11,650,000 from B.
(1) 16.10 (excluding claims) 5,00, 000. 6. 0. 6, 00. 60. 6, 00. 6, 00. 6, 00. 6. 6,00, 60. 6. 6,00, 60. 8. 6,00. 6,006. 6. 6,006. 6,000, 16. 6. 6,000, 16. 6. 6,000, 6. 6. 6,000, 16. 6. 6, 16. 6,000, 6. 6. 6,000, 00 6. 15,000, 1000, 44,001 6. 6. 1,005
D. B died on June 29, 2016, and on September 26, 2019, the successors renounced their inheritance, and the Defendant was appointed as an administrator of inherited property of the deceased B (hereinafter “the deceased”).
[Ground of recognition] Gap evidence Nos. 1, 2, 29 through 31, Eul evidence Nos. 1 to 4 (including additional numbers), the purport of the whole pleadings
2. Determination
A. As the Plaintiff leased money to the Deceased, the Defendant, an administrator of inherited property of the Deceased, as the Defendant borrowed KRW 80,000,000,000 as stated in the cash custody certificate as of April 1, 2016, and KRW 60,000,000, which was the remittance amount as of June 8, 2016.