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1. The Defendant’s KRW 20,000,000 as well as 5% per annum from January 15, 2010 to July 24, 2015 to the Plaintiff.
Reasons
Basic Facts
The defendant is a motion picture supervisor.
On May 18, 2005, the Plaintiff delivered twice a total of KRW 20 million to the Defendant, each of which is KRW 10 million.
The Plaintiff remitted total of KRW 21 million to the Defendant, including KRW 3 million on June 3, 2005, KRW 5 million on November 3, 2005, KRW 40 million on December 31, 2009, KRW 50 million on December 31, 2009, and KRW 50 million on January 15, 2010.
[Grounds for Recognition] Unsatisfy, Gap 1-1-1-5's arguments by the parties involved
A. The Plaintiff, as the cause of the instant claim, asserts that the Plaintiff leased the Defendant a sum of KRW 41 million from May 18, 2005 to January 15, 2010, as stated in the foregoing basic facts, without setting the interest and due date, and sought the return of KRW 41 million.
B. The defendant has received the above money from the plaintiff, but the defendant is based on a friendly relationship with the plaintiff.
Of the KRW 20 million stated in Paragraph 2, officetels deposit amounting to KRW 10,00,000 and KRW 10,000 as film scenario design fee, respectively, were donated to the Plaintiff’s police investigation. The Plaintiff received KRW 5,00,000 as an audit of the Plaintiff’s assistance to the Defendant’s police investigation, and the Plaintiff received KRW 10,000,000 as a reward for travel expenses in detail, and the Plaintiff did not borrow the said money from the Plaintiff.
Judgment
In full view of the purport of Gap's entries and arguments, the defendant prepared and delivered a loan certificate (B) stating that "I will pay to the plaintiff by June 30, 2006, after borrowing KRW 20 million per day on or around January 2006."
Around January 2006, the Plaintiff already paid KRW 28 million to the Defendant (i.e., KRW 20 million). In light of the fact that only the Defendant prepared a loan certificate against KRW 20 million among them, it is confirmed that a monetary loan contract was concluded for KRW 20 million paid on May 18, 2005, and that a monetary loan contract was concluded for the remainder amount.