1. The Defendant’s KRW 280,000,000 as well as 12% per annum from April 1, 2017 to November 26, 2018 to the Plaintiff.

1. Basic facts

A. On March 29, 2013, the Plaintiff remitted total of KRW 160,00,000 to the Defendant’s name account, KRW 10,000,000 on June 10, 2014, KRW 60,000 on August 19, 2014, and KRW 160,000,000 on September 24, 2014.

B. On March 2013, the Plaintiff was issued a promissory note with a face value of KRW 120,000,000 (hereinafter “instant promissory note”) from the Defendant (hereinafter “instant promissory note”).

[Ground of recognition] Facts without dispute, Gap 1, Gap 2-3, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff loaned KRW 280,000,000 to the Defendant (i.e., KRW 120,000,000 on the Promissory Notes in this case, which was transferred to the Defendant’s account under the name of the Defendant) at an interest rate of KRW 120,000,000, the monthly interest rate of KRW 120,000 on October 30, 2014 to October 31, 2015, 1.5% from October 31, 2015, and 1% from November 1, 2015 to the date of full payment.

B. Since money transaction between the Plaintiff and the Defendant frequently occurred, the money that the Defendant received from the Plaintiff cannot be deemed as the money that the Defendant received, and even if the Defendant received from the Plaintiff as alleged by the Plaintiff, the sum totaling KRW 136,900,000, which the Defendant remitted to the Plaintiff ought to be appropriated for the principal and interest of the loan.

3. Determination

A. Determination as to the cause of the claim 1) The Plaintiff remitted total of KRW 160,00,000 from March 29, 2013 to September 24, 2014; the Plaintiff’s receipt of the Promissory Notes from the Defendant around March 2013; and the following circumstances are revealed by adding the whole purport of the pleadings to the evidence mentioned above; and the evidence mentioned above, the Plaintiff’s receipt of the Promissory Notes from the Defendant around March 24, 2013; namely, the Plaintiff filed a complaint against the Defendant on the charge of fraud that the Defendant borrowed KRW 280,000 from the Plaintiff without intent or ability to complete payment from the Plaintiff; the Defendant, on February 24, 2019, transferred the sum of KRW 230,000,000 from the Plaintiff to the Plaintiff’s account; and on March 10, 2010 to the Plaintiff’s account, the Defendant stated that the Defendant was the Plaintiff’s account in the name of the Plaintiff.