1. The Defendant shall pay to the Plaintiff KRW 44,00,000 and the interest rate of KRW 15% per annum from October 13, 2017 to the date of full payment.

From August 11, 2008 to November 18, 2008, the Plaintiff sent a total of KRW 46,000,000 to the Defendant (a transfer to C and then delivered to the Defendant after C) on six occasions, and thereafter, the Defendant sent a refund of KRW 2,00,000 to the Defendant, and the Plaintiff’s refund of KRW 44,00,000 and the Plaintiff’s refund of KRW 44,00,000 that was not returned until the date of closing the argument in this case is no dispute between the parties.

The Plaintiff asserts that the said money was a loan and filed a claim for the payment of the remainder of the unpaid amount. The Defendant asserted that the said money was not a loan for the Plaintiff’s participation in the investment of the total amount of KRW 251,00,000 to E who was performing the D Redevelopment Project.

However, in full view of the contents of evidence Nos. 6-1 through 4, and 10 and the purport of the entire pleadings, the defendant is acknowledged to have lent the money above from the plaintiff to the plaintiff as he would make an investment in the D Redevelopment Project and would make a full payment at the latest if he borrowed money (the defendant was convicted of the above money as a crime of fraud). Accordingly, the plaintiff's argument that the defendant's assertion is justified and not acceptable.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 44,00,000 (=46,000,000 - KRW 2,000,000) and damages for delay calculated at the rate of 15% per annum from October 13, 2017 to the day of full payment, as the Plaintiff seeks.

Plaintiff

The claims are justified, and all of them are accepted.