대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Judgment as to the primary cause of claim
A. The Plaintiff asserted that the Plaintiff loaned KRW 123,405,700 to the Defendant on February 16, 2017, KRW 33,000,000, and KRW 90,405,70 on March 10, 2017 to the Defendant within six months, respectively. As such, the Defendant is obligated to pay the Plaintiff a total of KRW 123,405,70 (= KRW 300,000).
B. Determination 1) Comprehensively taking account of the purport of the entire arguments in the statements in Gap evidence Nos. 1, 2, 17, and 18, the defendant prepared a loan certificate stating that the amount of KRW 33 million from the plaintiff on February 16, 2017 shall be zero percent of the interest rate for the loan within six months from the date of repayment, and the amount of KRW 33 million shall be deposited by the plaintiff on the same day. The defendant prepared a loan certificate stating that interest of KRW 90,405,70 from the plaintiff on March 10, 2017 shall be KRW 0 and received KRW 90,40,405,70 from the plaintiff on the same day within six months from the date of repayment, and received KRW 90,405,70 from the plaintiff on the same day on the same day (hereinafter referred to as "each of the above loan certificates").
2) On the ground that each of the funds of this case deposited by the Plaintiff to the Defendant is not a loan, but the Defendant returned the construction cost that the Defendant lent a license from the Plaintiff to the Defendant, and each of the loans of this case was made in the form of a concern that the Defendant would be subject to criminal punishment due to the granting of a license. Thus, the Defendant asserts that the expression of intent to bear the obligation based on each of the loans of this case is invalid
In the following circumstances, the Plaintiff’s representative director C is paid a license loan fee from the Defendant’s representative director D, and the Plaintiff’s construction business registration certificate and construction business registration pocket book are leased to the Plaintiff’s construction business registration certificate and construction business registration pocket book in Suwon-gu.