(hereinafter “Defendant Company B and C” (hereinafter “Defendant Company”). The Plaintiff remitted KRW 200 million on November 25, 2014 to the Defendant’s account.

On March 2, 2016, the Plaintiff asserted that the said money was a loan and notified the Defendant of the repayment by March 14, 2016, and that the notification was delivered to the Defendant around that time.

[Ground of recognition] No dispute is raised, Gap evidence Nos. 1 and 2, and the plaintiff's assertion of the purport of the whole pleadings is leased to the defendant.

The above 200 million won of the defendant's assertion was paid to the defendant's company as security money in preparation for the violation of the contract after the plaintiff was supplied with the defendant's company, and the defendant's company failed to perform the contract with the defendant's company and treated the above amount as penalty.

Judgment

In full view of the following facts, the above KRW 200 million can be recognized as being leased to the defendant without determining the due date and interest.

The Plaintiff transferred the full transaction amount with the Defendant Company to the Defendant Company’s account, and the said KRW 200 million was remitted to the Defendant Company’s account.

(A) The defendant alleged that the above KRW 200 million was deposited into the defendant's account with the defendant's account, but there is no evidence to acknowledge it.

Although the loan certificate between the plaintiff and the defendant was not prepared, the sales contract or the agreement of penalty between the plaintiff and the defendant was not prepared.

The plaintiff paid the full amount of the cost of filing a lawsuit from the defendant company.

(A) No. 4-9) The defendant, "the plaintiff," has specified the defendant's company as a specific father and grade.