A. The Plaintiff is engaged in the wholesale business of vehicle goods, such as NAS and black boxes, and the Defendant is engaged in the business of installing vehicle goods.

B. On June 17, 2014, the Plaintiff remitted total of KRW 25 million to the Defendant’s bank account on July 7, 2014, and KRW 25 million to the Defendant’s bank account, and had C having a transaction relationship with the Plaintiff pay KRW 6 million to the Defendant directly, and paid the Defendant total of KRW 31 million to the Defendant.

(hereinafter “the instant money”). C.

On September 10, 2014, the Plaintiff prepared and issued a cash custody certificate to the effect that “the Plaintiff shall receive KRW 31 million and secure the custody of the said amount.”

The lower part of the above cash custody certificate is written as follows: “The amount of one million won per month from December 2014 to one million won shall be paid to the creditor.”

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 and 2 (including provisional number attachment), the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) Although the Defendant promised to pay KRW 1,00,000 per month as profits from the instant money, the Defendant paid only KRW 5,50,000 from December 2, 2014 to May 2, 2015. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 36,50,000,000, plus the agreed proceeds from May 2015 to October 2015, plus KRW 5,500,000,000. 2) The Defendant’s assertion that the Defendant paid to the Plaintiff a total of KRW 6,50,000 from March 20, 2015 to April 11, 2015, the remainder of the instant money is only KRW 2,50,000,000,000.

B. According to the statement of cash custody certificate as of September 10, 2014, where the Defendant does not clearly dispute the establishment of the petition, the Defendant agreed to receive KRW 31 million from the Plaintiff and pay KRW 1 million each month from December 2014 as its profits.

In addition, the time of return of the instant money between the plaintiff and the defendant is not specifically determined.