대여금 등
1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from May 30, 2014 to the date of full payment.
1. Basic facts
A. The Plaintiff, with the trade name of “C”, is a person engaged in a food processing business, such as a chairer and a vehicle set, and the Defendant, with the trade name of “D,” is a person who operated a trying manufacturing business, who was aware of it in the bowling club, and was close to one another.
B. In around 2011, the Plaintiff introduced G to the Defendant, an operator of F Co., Ltd. (hereinafter “F”), who was well aware of the fact that the Plaintiff was entrusted with the processing of the “E”, a vehicle set, to the Defendant.
C. On October 31, 201, the Defendant and F prepared a “E Home Shopping Total Sales Contract (hereinafter “E Home Shopping Sales Contract”)” containing the content that “The Defendant shall grant the Defendant the right to sell domestic GS and O Home Shopping Sales Sales to E produced by F, and the Defendant shall invest KRW 400 million in order to manufacture F products.”
After that, the Plaintiff remitted total of KRW 100 million to the Defendant from October 31, 2011 to November 25, 2011, and the Defendant, including the above KRW 100 million, remitted total of KRW 383.5 million to G.
[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 3, 4, and 6 (including paper numbers; hereinafter the same shall apply), witness G testimony, and the purport of the whole pleadings
2. Determination as to loan claims
A. The plaintiff's assertion 1) The plaintiff's assertion was requested by the defendant to lend money due to the lack of some of the investments under the total sales contract of this case and lent the above remittance amount of KRW 100 million to the defendant without due date. Thus, the defendant has the duty to return the above loan amount of KRW 100 million to the plaintiff. 2) The defendant's assertion