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1. The Defendant’s KRW 25,736,00 for the Plaintiff and KRW 5% per annum from July 12, 2018 to October 24, 2018.
Reasons
1. The loan claim portion
A. The fact that the Plaintiff transferred KRW 20 million to the Defendant as KRW 10 million on October 20, 2016, KRW 50 million on November 11, 2016, KRW 50 million on January 19, 2017, and KRW 20,000,000 to the Defendant is no dispute between the parties. According to the evidence No. 1-2, the Defendant’s representative director C borrowed KRW 20,000 from the Plaintiff on May 25, 2017 and repaid it by July 31, 2017.
“A” is recognized as having written the loan certificate (No. 1-2) of the content.
In light of this, the fact that the plaintiff lent KRW 20 million to the defendant is recognized.
In this regard, the defendant asserts that, when the defendant's director D and E office chiefs were absent, the plaintiff made the above 20,000 won as construction expenses, the plaintiff requested the preparation of a loan certificate and the director C prepared the above loan certificate (Evidence A 1-2). Thus, this is invalid.
However, as seen earlier, insofar as it is evident that the Plaintiff remitted KRW 20,000 to the Defendant, it is difficult to deem that the Defendant was aware of the fact that the Plaintiff did not lend the above money, and there is no evidence to prove otherwise that the Plaintiff was deceiving the Plaintiff and that the Defendant was to prepare the above loan certificate.
Therefore, the defendant's above assertion cannot be accepted.
In addition, the defendant asserts that since the plaintiff received the above money as business expense immediately after he remitted it to the defendant, even if the above 20 million won is recognized as a loan, the amount of the business expense should be deducted by the amount of the business expense (total of eight million won).
According to each of the evidence Nos. 1-2 and 2, the Plaintiff deposited KRW 1,934,00,000, respectively, from the above account to the Defendant’s account immediately after the Plaintiff transferred KRW 10,000,000 to the Defendant’s account, and the Plaintiff deposited KRW 5,00,000,000 on November 11, 2016.