대여금
1. As to KRW 535,060,362 and KRW 405,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 535,06,362 from November 14, 2015 to December 15, 2017.
1. Determination as to the cause of claim
A. In fact, the Plaintiff invested money to the Defendant who made an equity investment from March 2006 to February 201, and received a return of its profits and principal.
On August 18, 2011, the Plaintiff may borrow and return the above amount as interest at interest rate of KRW 415,00,000,000 per month and at 1% per month as follows. The Plaintiff received a copy of the original loan certificate (hereinafter “instant loan certificate”) from the Defendant on December 201, 201, 120,000 won per month, 50,000,000 won per December 201, 201, 50,000,000 won per month, 17,000,000 won per month, 25,000,000 won until March 2014, 2014, and the principal and interest on the principal and interest on the 26th day of each month. < Amended by Presidential Decree No. 23535, Aug. 18, 2011>
[Reasons for Recognition] Unsatisfy Facts, entry of Gap 1 and 2 evidence (including additional number), the result of the plaintiff's questioning, the purport of the whole pleadings
B. (i) According to the facts established, around August 18, 2011, with respect to monetary investment between the Plaintiff and the Defendant, a quasi-loan agreement was concluded with the content that the principal amount is KRW 415,000,000 and interest is 1% per month (the date the loan was made on August 26, 2011, which is the date of the final preparation of the loan certificate of this case) and the time when the principal is repaid in five equal installments.
D. Meanwhile, the Plaintiff received reimbursement of KRW 10 million from the Defendant on October 19, 2012, and received reimbursement from the Defendant, and KRW 5 million among which the Plaintiff received reimbursement of KRW 10 million on December 7, 2012, and paid KRW 5 million on December 7, 2012 to the principal, and paid KRW 1 million on January 12, 2013 to the principal.
(A) The Defendant asserts that all of the Defendant had a mutual agreement to cover the principal, but there is no evidence to acknowledge this agreement. 【Defendant’s assertion that the Defendant paid to the Plaintiff KRW 50 million on February 7, 2014, KRW 10 million on July 15, 2014, and KRW 10 million on November 13, 2015. The fact that the Defendant paid the said amount to the Plaintiff is without dispute between the parties, which is the fact that the Defendant paid the amount to the Plaintiff.