대여금
1. The Defendant’s KRW 46,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 30, 2015 to December 9, 2016.
1. Determination on the claim for loans of KRW 100,000,000
A. Basic facts (1) On October 24, 2012, the Plaintiff deposited KRW 200,000,000 into the new cooperation account of Nonparty-based limited liability company C.
(A) No. 1-2) (2) The non-party limited company C deposited KRW 100,000,000 in the Plaintiff’s Gwangju Bank account on November 7, 2012.
(A) Evidence No. 1-2) 【Ground of Recognition No. 1-1 and 2】
B. On October 24, 2012, the Plaintiff asserted that: (a) on October 24, 2012, the Defendant lent KRW 200,000,000 to the Defendant’s bank account; and (b) the Defendant was paid KRW 100,000,000 out of the above loan amounting to KRW 200,000,000; and (c) the Defendant is obliged to pay the remainder of the loan amounting to KRW 100,00,000 and delay damages.
C. We examine the judgment: (a) there is no “a tea certificate” or “notarial deed” in the Defendant’s name to acknowledge the Plaintiff’s lease; (b) the representative director of the limited company C (which changed to “a limited liability company D”) at the time is E (Evidence A3); and (c) on October 24, 2012, the Plaintiff deposited KRW 200,000 with the Non-Party C’s credit union account of Non-Party C, a non-party limited liability company, even though it is recognized that the Plaintiff deposited KRW 200,000,000 again to the Defendant.
No evidence exists to deem that the Defendant actually used the above KRW 100,00,000, which the Plaintiff asserted, (4) the Plaintiff filed a fraudulent complaint against the Defendant on December 10, 2015, but was subject to a disposition of non-prosecution (not suspected of being subject to a disposition of non-prosecution on December 10, 2015) (No evidence No. 4-1); and (5) Examining the reasons for the above disposition of non-prosecution, Nonparty F used the above KRW 200,000,000 deposited by the Plaintiff on October 25, 2012 for his personal debt repayment; and Nonparty F borrowed KRW 100,000,000 from Nonparty G to the Plaintiff on November 7, 2012, taking into account the circumstances such as the fact that the Plaintiff was aware that the Plaintiff paid KRW 100,000,000 to the Plaintiff on November 7, 200 (including the evidence No. 4-1).