대여금
1. The Defendant’s KRW 15,200,000 as well as 15% per annum from February 28, 2018 to May 31, 2019 to the Plaintiff.
1. The Plaintiff, the Defendant, and three third parties agreed to jointly execute the new construction works of D High Schools (hereinafter “instant construction works”) and distribute profits and losses at the ratio of 1/3, respectively. The Defendant, on June 9, 2017, prepared a written confirmation to the Plaintiff and C that the Defendant would return the amount of KRW 50 million to the Defendant due to the instant construction works until the end of October 2017 (hereinafter “instant written confirmation”) to the Plaintiff and C by the end of October 2017, may be recognized by taking into account the absence of dispute between the parties or the overall purport of the entries and arguments in subparagraph 1, and the Plaintiff and C received KRW 19.6 million from the Defendant on December 12, 2017.
According to the above facts, the defendant is obligated to pay the remainder of KRW 15.2 million to the plaintiff according to the letter of confirmation of this case (=(50 million - KRW 19.6 million) ± 2) and damages for delay.
2. Determination on the defense, etc.
A. The gist of the Defendant’s assertion 1) The Defendant independently ordered the instant construction work, and paid KRW 50 million to E who assisted in the process. The instant confirmation was formulated by recognizing that the Defendant did not consider the Defendant’s failure to pay KRW 50 million to the Plaintiff and C, and that there was KRW 50 million. Therefore, in light of the overall purport of the statement and arguments in the evidence No. 1 (including each number), the Defendant agreed to pay KRW 50 million to E in return for the instant construction work, and the Defendant paid KRW 14 million to E in return for the instant construction work, and the remainder of KRW 50 million to pay KRW 50 million to E in return for the instant construction work.