대여금
1. The plaintiff's main claim is dismissed.
2. The Defendant’s KRW 210,000,000 on October 26, 2016 to the Plaintiff.
The main point of the Plaintiff’s assertion is that the Plaintiff lent a total of KRW 360 million to the Defendant from July 19, 2016 to October 25, 2016.
However, the defendant paid only KRW 80.6 million to the plaintiff, and even if all of the above KRW 80.6 million were to be repaid for principal, the defendant is obligated to return the loan amount of KRW 279.4 million (= KRW 360 million - KRW 80.6 million) to the plaintiff and pay damages for delay.
Preliminary Claim: The plaintiff did not lend KRW 360 million to the defendant but invested the above money to C through the defendant, even if the plaintiff invested the above money, the defendant delivered only KRW 130 million out of the above KRW 360 million to C. Thus, if the plaintiff deducteds KRW 130 million from the KRW 360 million, it seems that it was a assertion by mistake in calculation. This is the defendant's deception and deception.
Therefore, the defendant is obligated to pay to the plaintiff KRW 250 million and damages for delay.
The gist of the defendant's assertion is that the plaintiff invested KRW 360 million in C through the defendant, and the above money is not lent to the defendant.
In addition, the defendant is also accused of C, and the defendant is not deceiving the plaintiff.
Basic Facts
The Plaintiff remitted KRW 130 million to the account in the name of the Defendant on July 19, 2016, KRW 20 million on August 26, 2016, KRW 10 million on September 28, 2016, KRW 100 million on September 28, 2016, and KRW 110 million on October 25, 2016. The Defendant remitted KRW 135 million to the account in the name of C, and KRW 160 million on September 6, 2016.
The Defendant transferred KRW 10,00,000 to the Plaintiff’s account under the name of the Plaintiff, KRW 20 million on August 4, 2016, KRW 22,000 on August 22, 2016; KRW 10,44 million on September 20, 2016; KRW 7 million on October 20, 2016; KRW 10,700,000 on October 31, 2016; and KRW 10,44 million on November 21, 2016; and KRW 10,2 million on November 30, 2016.
C The defendant et al. has invested in commercial banks and reported to be re-invested, and if it is trusted and invested, the principal will be paid monthly interest and repaid.