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1. The judgment of the court of first instance is modified as follows.
The defendant shall pay KRW 16,563,750 from the plaintiff and KRW 945,00 among them.
Reasons
1. Basic facts
A. The Plaintiff, who operated the legal party under the name of “G”, such as the Plaintiff’s purchase of clothes and the establishment of a right to collateral security, purchased a large quantity of clothing from the Defendant’s mother C, who carried on the clothing sales business from February 2015 to the name of “H”.
As to the reasons for the Plaintiff’s purchase, the Plaintiff asserted that the above clothing was purchased on behalf of the customers who find one’s own law for singing rooms or entertainment taverns in place of the above clothes, and that it was not for resale. The Defendant asserted that the Plaintiff purchased it from the Defendant side and reselled it to its customers.
In making the above transaction, the Plaintiff did not separately prepare documents such as a separate receipt of goods, a written confirmation, and a receipt. However, C prepared a book on the above transaction.
(2) On April 24, 2016, the Plaintiff asserted that the amount of clothes incurred from the above transaction was KRW 40 million, and the Defendant claimed that the amount of KRW 41 million was KRW 40 million. However, there is no particular dispute that the amount of the credit transaction was a large amount of KRW 40 million at the time.
With respect to the payment of the price of the clothes, the debtor and the creditor were the defendant, who is the father and the creditor of C, and the plaintiff borrowed KRW 40,00,000 from the defendant, and the interest shall be paid to the defendant according to the statutory interest, and the principal shall be paid at the beginning 3,00,000,000 won per month, and a certificate of borrowing shall be issued to C, and on April 25, 2016, the creditor, the debtor, the plaintiff, the maximum debt amount of 48,00,000 won shall be delivered to the defendant with respect to each real estate listed in the separate sheet No. 1 owned by the plaintiff (hereinafter "each real estate of this case").
B. The Plaintiff’s money borrowed, etc. (1) The Plaintiff’s money borrowed, etc. (1) KRW 12,00,000 from C on June 23, 2017, and the same year.
6.2,00,000 won, and for the same year;
7. 10.3,000,000 each interest rate of 10% per annum.