대여금
1. The Defendant shall pay to the Plaintiff KRW 123,00,000 and the interest rate of KRW 15% per annum from August 18, 2018 to the date of full payment.
1. Facts of recognition;
A. The Plaintiff transferred total of KRW 106,475,30 to the Defendant on October 22, 2009, KRW 164,475,300, and KRW 164,475,300 on November 27, 2009, KRW 23,734,000 on November 27, 2009, and KRW 50,000 on March 22, 2010. On January 26, 2010, the Plaintiff remitted total of KRW 164,475,300 to the account in the name of Nonparty C designated by the Defendant.
B. The Defendant repaid to the Plaintiff KRW 10,000,000 on January 28, 2010, and KRW 18,480,000 on March 2, 2010, and KRW 10,000 on June 24, 2010, respectively.
C. Since August 18, 2010, the Defendant borrowed KRW 65,000,000 to the Plaintiff on August 18, 2010 at the maturity of payment on August 31, 2010 and at the interest rate of 7.7% per annum.
“Along with a loan certificate and a certificate stating that “58,00,000 won shall have been borrowed on August 31, 2010 at the rate of 7.7% per annum,” the same shall apply.
(hereinafter “each of the instant loans”). D.
Since then, as the Plaintiff was unable to receive money from the Defendant, he/she filed a criminal complaint against the Defendant on charges of fraud, etc. on June 11, 2015, the Defendant received a total of KRW 108,000,000,000 from the Plaintiff on March 22, 2010, and received money from the Defendant as the name of the Seoul Central District Court 2013 Man-Ma745, 2014Ma3144 (Joint). The judgment became final and conclusive on the ground that the Defendant was guilty of a crime of fraud, which led to the Plaintiff’s failure to supply new bus calls and presses at the Vietnam local level even if he/she did not have any intent or ability to supply the new product even if he/she received money from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion that if the plaintiff borrowed money from the defendant while running the business of selling sports supplies, the defendant would bring the product into Vietnam and distribute the proceeds of the sale and sales in Korea, and then lend money to the defendant as a result, each of the instant cases.