Text
The defendant shall pay 50,00,000 won to the plaintiff and 12% per annum from August 9, 2020 to the day of complete payment.
Reasons
The plaintiff asserted that on February 14, 2019, the defendant lent KRW 50 million to the defendant as a house purchase fund, and the defendant asserts that the above KRW 50 million transferred from the plaintiff was donated by the plaintiff.
In light of the following circumstances, which are acknowledged by the purport of each statement and argument of Gap evidence Nos. 3 through 9, the plaintiff received a loan from the plaintiff in the name of the plaintiff and remitted KRW 50 million to the defendant. The defendant also recognized that the defendant was paid KRW 50 million from the plaintiff after the plaintiff got the loan and the defendant was present together at the time when the plaintiff was granted the loan and received the loan. The defendant repaid the principal and interest of the loan from March 2019 to September 2019. The defendant paid the principal and interest of the above loan to the C Association from March 2019, and the defendant was mentioned to the purport that the plaintiff's husband (each type) lent the down payment and balance of the purchase price of detached houses to the defendant on February 14, 2019.
Therefore, the defendant is obligated to pay to the plaintiff 50 million won and the damages for delay calculated by 12% per annum from August 9, 2020 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case.
Therefore, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.