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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 44,657,30 and KRW 41,269,80 among them.
Reasons
1. The plaintiff asserts that on May 20, 2004, when lending KRW 50,000,00 to the defendant on May 20, 2004, the plaintiff agreed to receive KRW 70,000,000 from the defendant on May 20, 2009, the defendant is obligated to pay to the plaintiff the amount of KRW 50,000,000 and the amount of KRW 8% per annum [(70,000,000-50,000)] x 1/50,000,000].
As to this, the Defendant knew that the Plaintiff intended to purchase Pyeongtaek-si land, which is a land site, at the auction procedure, invested KRW 50,000 to the Defendant in order to obtain profit from the market price of the above land. Upon the Plaintiff’s request, the Defendant prepared a formal loan certificate (No. A. 1). The Defendant actually received the above money from the Plaintiff, and then, around November 10, 2004, sold 1/6 of the above shares out of the above land to the Suwon District Court for the compulsory auction procedure for real estate FF real estate in Suwon District Court and paid the price to the Plaintiff, and paid expenses related to the registration of ownership transfer. The Defendant returned the investment amount of KRW 27,142,70 over 31 times from January 21, 206 to September 9, 2013, and thus, the Defendant cannot comply with the Plaintiff’s claim.
2. Determination
A. Comprehensively taking account of the purport of Gap's statement and the whole argument, it is acknowledged that the defendant delivered KRW 50,000,000 from the plaintiff around May 20, 2004, and that "the defendant borrowed KRW 50,000,000 from the plaintiff on May 20, 2004 and promised to repay KRW 70,000,000 to the plaintiff on May 20, 2009 (after May 5, 2009)" was prepared and delivered with the loan certificate (Evidence 1) stating that "The defendant shall pay KRW 50,00,000 from the plaintiff to the plaintiff on May 20, 200, it is difficult to view that the defendant borrowed KRW 50,00,00 from the plaintiff on May 20, 200, and the defendant agreed to pay KRW 10,000 to the plaintiff on May 20, 200.