대여금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2...
1. Basic facts
A. The plaintiff transferred KRW 25 million to the defendant around May 24, 2005, and the same year.
9. 30.5 million won was remitted (hereinafter the above KRW 75 million was referred to as the “amount of remittance”).
B. On September 30, 2005 and October 7, 2005 of the same year, the Defendant prepared and issued to the Plaintiff a receipt stating that “the receipt, daily payment, payment of KRW 1,500,000,000, and receipt, daily payment of KRW 1.5% (750,000), interest rate of KRW 1.5% (750,000), and an intermediate payment of the details,” to the Plaintiff.
C. The Defendant paid the sales price of the instant officetel No. 201-dong 701 (hereinafter “instant officetel”) with the said money, and completed the registration of ownership transfer in the name of the Defendant regarding the instant officetel on November 29, 2006.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The plaintiff alleged that the plaintiff lent KRW 75 million to the defendant, and the defendant is responsible for paying the above amount, and the defendant's receipt of transfer of KRW 75 million from the plaintiff is recognized. However, the defendant's receipt of transfer of the above amount from the plaintiff, but it is not possible to accept the plaintiff's claim for the loan since it received the instant officetel as a loan for investment, not a loan, in order to raise the profit by selling it in lots.
B. As seen earlier, the Plaintiff paid KRW 75 million to the Defendant as to whether the instant remittance amount is a loan. However, the following circumstances, such as the evidence mentioned above and the statement in Gap evidence No. 4, which can be seen by adding up the above facts, are not indicated in the general loan certificate, but the details of the loan amount of KRW 50 million are specified in the receipt issued by the Defendant to the Plaintiff, such as the “Yan Young Youngpo C part payments,” and the period of payment and interest on the above receipt.