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1. The Defendant’s KRW 563,00,000 as well as 5% per annum from January 15, 2016 to April 29, 2016 to the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff loaned KRW 500 million to the Defendant from February 24, 2012 to March 26, 2012. On January 29, 2013, when the Plaintiff additionally lent KRW 33 million to the Defendant, the Plaintiff agreed to treat the Defendant as lending KRW 40 million by adding the interest of the existing loan with respect to the loan as of January 29, 2013. On March 29, 2013, the Plaintiff additionally lent KRW 70 million to the Defendant. Of that, the Plaintiff was only repaid KRW 40 million from the Defendant, the Defendant is obligated to pay the remainder of the loan to the Plaintiff KRW 570 million.
B. The Defendant’s assertion that the Plaintiff paid KRW 500 million to the Defendant is an investment made pursuant to the Plaintiff’s agreement to jointly operate the gas station by investing in the ratio of KRW 1:1 with the Defendant, and thus, the Defendant is not obligated to return it to the Plaintiff. The Defendant is only obligated to return to the Plaintiff only KRW 63 million,00,000,000, excluding KRW 1300,000,000,000,000, which was paid to the Plaintiff on March 29, 2013, and KRW 70,000,000,000,000, which was paid to the Plaintiff.
2. Facts of recognition;
A. While the Defendant received and operated a D gas station operated by C from March 2012 to April 2012, the Defendant entered into a contract with E, F to lease a gas station on March 29, 2012, with the content that the Plaintiff would rent the gas station located on the land and its ground outside Seo-gu Incheon, Seo-gu, Incheon. On April 25, 2012, the Defendant commenced the gas station operation business with the trade name called “H gas station”.
From May 1, 2012 to December 31, 2014, the Plaintiff served in the H station and retired from office.
B. On February 24, 2012, the Plaintiff paid KRW 175 million to C’s account; KRW 30 million on February 27, 2012; KRW 90 million on February 29, 2012; KRW 200 million on March 15, 2012; and KRW 5 million on March 26, 2012, respectively.
C. The Plaintiff respectively lent to the Defendant KRW 33 million on January 29, 2013, and KRW 70 million on March 29, 2013.
The Plaintiff’s KRW 30 million from the Defendant on January 20, 2015, KRW 5 million on January 30, 2015, KRW 5 million on January 30, 2015, and KRW 5 million on February 28, 2015.