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1. The Defendant shall pay to the Plaintiff KRW 30 million at the rate of 15% per annum from August 27, 2016 to the date of full payment.
Reasons
1. Both claims;
A. On January 30, 2015, the Plaintiff transferred KRW 30 million to the Daegu Bank passbook in the name of the Defendant, upon receiving a request from the Defendant representative director C to repay KRW 30 million as operating funds.
B. The Defendant representative C and the Plaintiff agreed to operate a partnership with the Defendant representative director C and the Plaintiff, among the new construction of the auction procedure, to complete the construction after the successful bid and dispose of it to distribute the profits therefrom.
Accordingly, on October 29, 2014, the Plaintiff deposited KRW 300 million to the Defendant and received the award in the name of the Defendant on the same day.
However, in the event of future profits, the Defendant is a juristic person, and it is difficult for the Plaintiff to pay dividends exceeding the investment ratio to the Plaintiff for the strict accounting management of tax relations, and the Plaintiff and C agreed that the Plaintiff would be able to receive dividends exceeding the investment ratio by receiving the first payment of KRW 50 million,00,000 from the Plaintiff as if they were to lend the Defendant KRW 50,000 to the Defendant.
Accordingly, on September 30, 2014, the Plaintiff issued KRW 50 million out of KRW 70 million possessed by C as of September 2014 to the Plaintiff in cash, and on October 29, 2014, the Plaintiff remitted KRW 20 million out of the above KRW 50 million to C private account, and transferred the remainder of KRW 30 million (the claimed amount) to the Defendant account on January 30, 2015.
Therefore, the plaintiff's claim amount of this case is not the amount that the plaintiff actually lent to the defendant, but merely the fact that the plaintiff received from C and lent to the defendant.
3. Determination
A. According to the Plaintiff’s statement on the Plaintiff’s claim amounting to KRW 30 million A’s KRW 1 through 8,000, the Plaintiff opened a deposit account of KRW 138,078,197 to the NAF on October 10, 2014, and then divided KRW 75 million out of the deposit account on October 28, 2014, and transferred the remainder KRW 63,078,197 to a single bank account on November 10, 2014; and the said KRW 63,078,197.