대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Purport of the claim.
1. Facts of recognition;
A. The Plaintiff granted the Defendant KRW 20 million in cash on June 2005, and KRW 76 million in cash on several occasions from June 2015 to December 2015.
B. From August 1, 2015 to June 30, 2017, the Defendant paid a total of KRW 54,677,000 to the National Bank Account in C’s name (hereinafter “Plaintiff’s borrowed account”).
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 3 (including paper numbers), the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) The primary assertion: The Plaintiff lent a total of KRW 96 million to the Defendant, and was paid interest rate of KRW 15 percent per annum. The Defendant is obligated to repay the Plaintiff the remainder of KRW 66 million, excluding KRW 96 million repaid on February 23, 2016 and KRW 10 million repaid on April 10, 2017. (2) Preliminary assertion: the Plaintiff promised to return the monthly profit and the investment principal, and invested KRW 96 million in total, and the Plaintiff demanded the return of the investment principal before the instant lawsuit was filed.
The Defendant is obligated to repay the remainder of KRW 66 million, excluding KRW 20 million repaid from KRW 96 million to February 23, 2016, and KRW 10 million repaid on April 10, 2017.
B. The defendant did not borrow money from the plaintiff.
The Plaintiff invested in E, F, and G engaged in credit business through the Defendant.
The defendant delivered the plaintiff's investment funds to E, F, and G, and only delivered the profits received from them to the plaintiff.
There is no fact that the Defendant made an investment agreement with the Plaintiff, and there is no fact that the Defendant promised to return the investment principal.
3. Determination
A. Whether a lending agreement exists (affirmative) In full view of the following circumstances, which can be acknowledged by adding the evidence mentioned above and the evidence stated in Nos. 4, 7, and 8 to the entire purport of the pleadings, the Plaintiff entered into a monetary loan agreement that the Plaintiff would return the principal when he/she remitted the money to the Defendant to obtain conclusive interest income.