대여금
1. From June 29, 2017 to April 25, 2019, the Defendant: (a) KRW 95 million to the Plaintiff; and (b) annually from June 29, 2017 to April 26, 2019.
1. Facts of recognition;
A. 1) The Defendant: (a) issued and delivered a loan certificate stating KRW 100 million on November 30, 2017 and interest rate of KRW 6% on loan; and (b) the date of preparation is indicated as “ July 2017.” On June 29, 2017, the Plaintiff sent KRW 96 million to the account in the name of C owner of C, and paid KRW 4 million in cash to D on the same day. (b) The Defendant’s statement as of February 2, 2018, including the Plaintiff on the investment certificate, stated the date of deposit of investors, including the Plaintiff, as to KRW 1) on the list of the contents of the investment deposit, and as of November 2, 2018, the Defendant’s statement stated “6/29 A.100,000,000,000,000” as of the date of execution of the meeting, each of which was written by the Plaintiff, who was in charge of the Plaintiff’s business.
C. On December 5, 2017, the Plaintiff was a person who received reimbursement of KRW 5 million from the Defendant and appropriated it as principal.
[Ground] Facts without dispute, Gap Nos. 1 through 9, 11 (including paper numbers), witness F's testimony, and the purport of the whole pleadings
2. Determination
A. On June 29, 2017, the Plaintiff determined the cause of the claim as to KRW 100 million at the Defendant’s request.
It is not directly paid to the defendant at the defendant's request, but it is paid on behalf of the defendant KRW 100 million as to the defendant's C by depositing it into the account in the name of D.
Therefore, as long as the amount claimed by the Defendant from June 29, 2017, which was not repaid to the Plaintiff out of the borrowed amount, was reduced by the Defendant’s assertion, etc. as from June 29, 2017, the date of borrowing the borrowed amount, the Defendant’s defense is reasonable to resist even if the final claim amount is recognized.