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The defendant shall pay 5,00,000 won to the plaintiff and 5% per annum from March 9, 2020 to February 5, 2021.
Reasons
1. Basic facts
A. On March 13, 2008, the Plaintiff delivered KRW 30,000 to the Defendant. On the same day, the Defendant: “The Plaintiff lent KRW 30,000,000 in cash to the Defendant on March 13, 2008; the Defendant uses the borrowed cash as the cost for receiving orders for water removal works; the Defendant shall pay KRW 115,00,000 to the Plaintiff out of the profits accruing from the completion of this contract at the time of the completion of the contract; and the Defendant shall pay KRW 15,00,000 to the Plaintiff out of the profits accruing from the completion of the contract for water removal works (hereinafter “each person of March 13, 2008”; on the same day, the Plaintiff delivered KRW 20,000 to the Defendant on May 31, 2008; on the same day, the Defendant prepared a certificate of borrowing KRW 20,000 to the Plaintiff (hereinafter “the same date”).
On July 19, 2008, the Plaintiff delivered KRW 5,000,000 to the Defendant, and the Defendant, on the same day, prepared a certificate of loan to the Plaintiff to the effect that “to borrow KRW 5,000,000 at the expense of the contract for removal” (hereinafter “the certificate of loan borrowed on July 19, 2008”).
D) The Plaintiff received KRW 30,00,000 from A. The check number E bank itself (3 pages), F, G, and H were issued a receipt to the effect that “30,000 won was received from A.”
E. On February 10, 2010, the Defendant promised the Plaintiff to conclude the road on April 30, 2010 with respect to the case of obtaining orders for the C Removal Work. However, if the case of the partnership head is not completed, the date of the final promise shall be extended by the closing date of the trial (hereinafter “each letter of February 10, 2010”). The Defendant prepared a document to the effect that “the Plaintiff shall conclude all matters related to the case of obtaining orders for the C Removal Work.” (hereinafter “the grounds for recognition”), without any dispute, the fact that there is no evidence set forth in subparagraph 1 through 4, and the purport of the entire pleadings.
2. The parties' assertion
A. The Defendant would have the Plaintiff receive the instant removal work from the Plaintiff, if it lends the street funds related to the removal work of Seongdong-gu Seoul Metropolitan Government (hereinafter “the removal work of this case”).