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1. The defendant shall pay to the plaintiff KRW 25,00,000 and KRW 13,000 among them, from July 10, 2009, KRW 12,000,000.
Reasons
1. Basic facts
A. The Plaintiff’s loan of KRW 30,000,000 to the Defendant) The Defendant: (a) C Co., Ltd. established for the purpose of collecting, processing, and selling forest aggregates was deemed to have been liquidated in accordance with Article 520-2(4) of the Commercial Act on December 3, 2015 (hereinafter “C”).
(2) Around June 28, 2004, the Plaintiff lent KRW 30,000,000 to the Plaintiff without setting the interest or the due date.
The Defendant recognized the fact of borrowing KRW 30,000,000 in the reply from May 11, 2016.
(A) In the above written reply, the part on the “amount of money lent to the Plaintiff” is a simple error with the “amount of money borrowed to the Plaintiff.” Thereafter, the Defendant changed the claim that KRW 30,000,000,000 was the money that the Plaintiff entrusted to the Defendant at the time of requesting the purchase of the land. However, on August 12, 2016, the Defendant borrowed KRW 30,000,000 to the Plaintiff on the date of pleading as of August 2, 2016.
B. The Plaintiff and the Defendant entered into a sales contract dated March 6, 2005, and 1) The Plaintiff and the Defendant, on March 6, 2005, shall be 3,298 square meters (hereinafter “instant land”).
(iii) 1089/3414 shares in the land of this case (hereinafter referred to as “the shares in the land of this case”)
As to the Plaintiff, the Plaintiff prepared a sales contract. The content of the contract is as follows: “The Plaintiff, who is the Defendant’s child, sought payment of “E” amounting to KRW 25,00,000 and damages for delay, as the primary Defendant in the first lawsuit in this case. However, as the Plaintiff did not raise any objection against the Reconciliation Recommendation Order on April 11, 2017, including the content that “the Plaintiff waives its claim against E”, the Plaintiff and E did not raise any objection, the part between the Plaintiff and E became final and conclusive (Article 70(1) proviso of the Civil Procedure Act). The Defendant stated “E” in the seller’s column in the said sales contract and entered “E.”