대여금
1. The Defendant’s KRW 1,220,865,760 as well as 5% per annum from August 13, 2016 to October 31, 2017 to the Plaintiff.
1. According to the records, the original copy of the payment order against the defendant was served as Gyeonggi-gun C on July 1, 2016 and disposed that D received as "manager" on July 1, 2016. However, D is merely a person who operates the premises in the above domicile, and is not in the defendant's office or employee status, and the defendant was detained on suspicion of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on December 29, 2015 and was tried by the Seoul Central District Court on January 21, 2016 through August 20, 2016. However, during the above period, the defendant's residence was decided to suspend the execution of detention from the Seoul Central District Court on January 21, 2016 to August 20, 2016. Thus, the defendant's service period was illegal because it did not meet the requirements for the above restriction period, and thus, it cannot be determined that it did not meet the requirements for the restriction period.
2. Determination as to the cause of action
A. The Plaintiff’s assertion that from October 2008 to 2011, the Plaintiff loaned a total of KRW 2.8 billion to the Defendant (the Plaintiff claimed that KRW 1 billion from a foreign exchange bank around October 2008, KRW 80 million from securities instead of securities on December 26, 2008, KRW 1 billion from February 15, 201, and KRW 461,60,000 from among the loans of this case (hereinafter “instant loan”), but the Plaintiff was paid KRW 461,60,000 from the loan around June 30, 201 to the Defendant, and the Plaintiff received a claim of KRW 564,723,600 from the financial institution on behalf of the Defendant through a final and conclusive judgment on December 26, 2008, KRW 461,600 from the loan of this case, KRW 2,338,400,000 from the loan of this case, KRW 3631,2014,29416.