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1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from March 25, 2016 to the date of complete payment.
Reasons
1. The Plaintiff’s assertion requires funds from the Defendant’s Defendant’s birth to take over the main points D located in Chungcheong City from the Defendant’s birth C, and sought payment of KRW 5,00,000 on February 21, 2014, and KRW 40,000 on August 28, 2014, against the Defendant, by asserting that the Defendant respectively lent KRW 45,000,000 to the Defendant, and damages for delay.
2. According to the result of the commission of document forwarding from the Plaintiff’s Dong Dong-in E account to the Defendant’s account, the transfer of KRW 5,000,000 from the above E’s Dong-in account to the Defendant’s Dong-in account, the transfer of KRW 20,000,000 from August 28, 2014 to the Defendant’s Dong-in account, and the Plaintiff paid KRW 20,000,000 to the above C’s account on August 28, 2014, and the Plaintiff paid KRW 28,00,000 to the above C’s account on August 28, 2014.
In light of the relationship between the Plaintiff and the Defendant, the period of living, the amount of money paid, the degree of the Plaintiff’s ability, the circumstances leading up to the Plaintiff’s raising of money, the details stated in the investigation agency in the case where the Plaintiff filed a fraudulent complaint against the Defendant, together with the aforementioned facts of recognition, the Plaintiff appears to have lent KRW 45,00,000 to the Defendant, and the Plaintiff merely donated the above money to the Defendant, as alleged by the Defendant.
It is difficult to readily conclude that an investment was made for the joint operation of main points.
Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from March 25, 2016 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment.
3. The plaintiff's claim is justified. Thus, the plaintiff's claim is accepted.