대여금
All appeals on the principal lawsuit and counterclaim of the Plaintiff (Counterclaim Defendant) are dismissed.
The costs of appeal are assessed against the principal office.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 2015, the Plaintiff and the Defendant: (a) received a proposal from C (hereinafter “E”) with the knowledge of Pyeongtaek around August 2015 to make an investment of KRW 500 million each in the amount of KRW 250 million when investing KRW 50 million in E Co., Ltd. (hereinafter “E”); and (b) made an investment to pay KRW 300 million each in return.
B. On August 17, 2015, E (Representative G) issued, respectively, one copy of the electronic bill of KRW 300 million (H Bank No. J) and the due date for the maturity of the 300 million fake electronic bill (H Bank No. I) dated August 31, 2015, with D designated by the Plaintiff as the addressee.
C. After receiving two copies of the said bill (hereinafter “instant bill”), the Plaintiff transferred KRW 250 million to the E account under the name of D on August 17, 2015.
On the other hand, the Defendant borrowed KRW 250 million from the Plaintiff on the same day (hereinafter “the instant loan”), and agreed to pay KRW 100 million until September 8, 2015, and KRW 150 million until September 22, 2015, respectively, and transferred KRW 250 million to the account in the name of F notified by C. D.
The Promissory Notes were settled on each due date and received KRW 600 million (hereinafter “the payment of the Promissory Notes”) from the Plaintiff, the final holder of the Promissory Notes.
E. On September 8, 2015, the Defendant repaid the Plaintiff KRW 100 million out of the instant borrowed money.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, 8, 13, Eul evidence Nos. 2, 3 and 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 150 million, excluding the KRW 100 million repaid on September 8, 2015, out of the loan amount of KRW 250 million, and delay damages therefrom.
B. The defendant's assertion