대여금
1. Based on the Plaintiff’s appeal, the judgment of the first instance court is modified as follows.
The defendant shall make the plaintiff 58,127.
1. The facts of recognition and the grounds for this part of the court’s assertion by the parties are as stated in paragraphs (1) and (2) of the judgment of the first instance, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination
A. 1) Determination on the cause of the claim is a loan or investment loan, or according to the above facts or the evidence as seen earlier, the Defendant stated to the Plaintiff that “The Plaintiff should include KRW 200,000,000 as a deposit money to carry out the services related to the D District Redevelopment Project,” and that “it should include KRW 50,000,000,000 as a more than 50,000,000,000 as a monthly interest and service charge if it is lent 50,000,000,000 as a monthly interest and service charge, and if the service charge is paid 150,000,000,000 if it is paid 6 months thereafter, the Plaintiff returned from its own Mus loan account to the Defendant’s account and remitted KRW 50,000,000 in the Defendant’s account to the Plaintiff’s account, and that “the Plaintiff’s employee written a written confirmation to transfer the Plaintiff’s account to the Plaintiff’s account.”
(3) It is reasonable to view that the Plaintiff’s 50 million won loan certificates and the 150,000,000 won loan certificates and the 150,000,000 won loan certificates are separately prepared by the Defendant. In light of the developments leading up to the Defendant’s lending of money from the Plaintiff and the details of the loan certificates, etc., it is reasonable to deem that the Plaintiff’s 50,000,000 won that the Plaintiff paid to the Defendant is more than 150,000,000 won as a result of the Defendant’s project implementation in the future, and the Plaintiff’s 50,000 won is basically a loan that includes the elements of the investment. (2) The loan certificates issued by the Defendant to the Plaintiff as to whether the Defendant is the Defendant or the non-party, and the borrower’s 150,000
However, the following circumstances are revealed by each of the above evidence, namely, ① the plaintiff and the defendant have been living together for not less than 20 years, and the plaintiff was from the defendant 50.