1. The Defendant shall pay to the Plaintiff KRW 72,00,000 and the interest rate of KRW 15% per annum from December 16, 2015 to the date of full payment.

The key issue of the instant case is that the Plaintiff loaned KRW 72 million to the Defendant on September 28, 2009, and KRW 80 million on October 2009, and sought payment of the said money.

As to this, the Defendant asserted that: (a) the amount of KRW 72 million on September 28, 2009, invested by the Plaintiff in C Co., Ltd. (hereinafter “Nonindicted Company”); and (b) the Defendant did not deliver it to the Nonparty Company; and (c) the Defendant did not receive KRW 80 million on October 2009.

Therefore, the key issue of this case is whether or not the Plaintiff paid the claimed money to the Defendant, and whether or not it has paid the claimed money to the Defendant under the pretext of Monson.

On September 28, 2009, the Plaintiff sent KRW 72 million to the national bank account in the name of the Defendant on September 28, 2009.

On September 25, 2009, the defendant remitted to the non-party company account KRW 8 million, KRW 40 million on September 28, 2009, KRW 40 million on the same month, KRW 40 million on the 29th of the same month, and KRW 10 million in the name of D.

From May 208, the Defendant recruited investors or invested himself in the non-party company while working for the non-party company, a real estate development company, and filed a complaint with the non-party company, the representative of the non-party company, on September 16, 2010, when the non-party company could not return the investment amount as originally promised.

At the time of the above complaint, the defendant, on September 25, 2009, invested the amount equivalent to the sale price of G land 529.6 square meters among the land F in Gyeonggi-gu, Gyeonggi-do, with the sale price of G land 529.6 square meters, the defendant entered into an investment contract with the sale price of KRW 100 million as security and to receive the principal amount of KRW 100 million and dividends 20% on the expiration of the due date, and paid KRW 8 million on the date of the contract, KRW 40 million on the 28th of the same month, KRW 50 million on the 29th of the same month, and KRW 98 million on the 200 million on the 29th of the same month to the non-party company. This part also included the damage amount.

[Ground of Recognition] Facts without dispute, entry of Gap 1, 5, 6, 7 evidence, and witness E.