대여금
1. The Defendant amounting to KRW 70 million to the Plaintiff and the Plaintiff’s annual rate of 5% from August 13, 2016 to April 27, 2017.
Basic Facts
The Plaintiff transferred KRW 40 million to the Defendant’s account under the name of the Defendant via C through C, and KRW 3 million to the Defendant’s account under the name of the Defendant’s living together through D, and each of the said money deposited to F via E may be recognized by the absence of dispute between the parties, or by the purport of the entire pleadings, as indicated in the evidence Nos. 1, 2, and 4, and the entire purport of the pleadings.
The Plaintiff’s assertion is the total amount of KRW 70 million transferred to the account in the name of the Defendant or the Defendant’s living together, on November 30, 2012, to the account in the name of the Defendant or the Defendant’s living together, and thus, the Defendant is obligated to return the said loan to the Plaintiff.
The amount of KRW 40 million transferred to the account in the name of the defendant in the defendant's assertion was invested by the plaintiff in F at the defendant's recommendation, and KRW 30 million transferred to the account in the name of E is invested by the plaintiff in F through E without the defendant's involvement.
Therefore, the defendant is not obligated to return each of the above money to the plaintiff.
Judgment
According to the overall purport of the arguments and arguments, the statement Nos. 2 through 10 of Eul as to whether the amount of KRW 70 million is a loan to the defendant or an investment to F is an investment to F. The defendant agreed through E on December 1, 2012 with F to pay KRW 100 million to F. The date of collection of principal at the time of the above agreement shall be February 29, 2013; the amount of dividends shall be distributed after sale of the development site; the amount of dividends shall be distributed at the rate of KRW 30,000,000,000,000,000 won to F; the defendant paid KRW 50,038,000,000,000 won to the defendant; and the amount of dividends shall be distributed at the rate of KRW 20,301,000,000,000 won to the defendant under the above agreement; and
except that the bank will work.