A. On May 12, 2003, the Plaintiff issued to the Defendant a check with a face value of KRW 50,000,000, and KRW 10,000,00 to the Defendant, and the same year.

6. Around 18.18.00,000 won was remitted to the Defendant’s account.

B. The Plaintiff received KRW 800,000 per month from June 26, 2007 to January 31, 2008 under the name of C from January 31, 2008, and received KRW 44,00,000 in total in the name of C, D, and E (hereinafter “E”) from March 3, 2008 to July 31, 2009.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that if the Defendant lent KRW 80,000,000 to the Defendant, the Plaintiff would have the Defendant pay a better amount of KRW 80,000 at the time of the establishment of a branch of the Co., Ltd. (hereinafter “C”) that he invested, and the Plaintiff lent KRW 80,000,000 to the Defendant at an annual interest rate of KRW 12%, so the Defendant must pay that amount to the Plaintiff.

B. The defendant's assertion did not borrow KRW 80,000,000 from the plaintiff. The defendant's assertion that the plaintiff invested KRW 80,000,000 to C Co., Ltd. (hereinafter "C") operated by the defendant's Dong F, and the defendant received the remittance and deposited it into C as the plaintiff's investment. Thus, the defendant cannot respond to the plaintiff's claim.

3. The fact that the plaintiff received interest under the name of C or E is as seen earlier, but the following circumstances, i.e., (i) the plaintiff issued a receipt to the defendant or remitted the interest to the defendant's personal account, and (ii) the defendant did not transfer the interest to the defendant's personal account, (iii) the defendant delivered KRW 80,000,000 to the defendant for the payment of interest under the name of C or E, and (iv) the defendant is a major shareholder of E and C as the major shareholder of C or E.