2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff is a company whose business purpose is the close part processing business, etc., and the Defendant is a company whose business purpose is the intermediate waste treatment business, etc.

B. On January 23, 2015, the Defendant remitted KRW 320 million to the Plaintiff’s account.

On the same day, the Plaintiff remitted KRW 190 million to the Defendant’s account, which is an employee of the Defendant, and remitted KRW 110 million to the same account on January 26, 2015, and remitted KRW 300 million in total.

2. The plaintiff's assertion

A. The amount of KRW 300 million that the Plaintiff deposited into the C’s account two times from January 23, 2015 to January 26, 2015 is the amount loaned to the Defendant.

B. The Defendant borrowed the said money, and prepared and delivered a cash custody certificate (Evidence A No. 1) stating the Plaintiff’s maturity on February 28, 2015.

C. The Defendant is obligated to pay to the Plaintiff the borrowed amount of KRW 300 million and damages for delay.

3. Determination

A. The Plaintiff submitted the evidence No. 1 as evidence that he lent KRW 300 million to the Defendant.

(A) The evidence No. 1 is a copy of the cash custody certificate. The plaintiff asserts that the defendant prepared a cash custody certificate and brought the original and failed to submit the original copy to the plaintiff).

On the other hand, the following facts and circumstances may be acknowledged when the statement No. 1 and the testimony of the witness C added to the purport of the whole pleadings.

① Around December 2014, the Defendant, a company engaging in interim waste treatment business, awarded a contract to the Plaintiff for the manufacture of machinery for waste treatment.

The defendant received a guarantee from the Korea Technology Credit Guarantee Fund, etc. and provided it to a financial institution to pay the money borrowed.

② When the Defendant transfers the down payment and the additional tax thereon to the Plaintiff in order to make up for the transaction records necessary for receiving or lending the guarantee and the details of bank balance, the Defendant and the Plaintiff shall immediately transfer to the Defendant the said money, excluding the additional tax.