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1. The Defendant: (a) KRW 118,00,000 for the Plaintiff and 5% per annum from September 1, 201 to August 6, 2014; and (b) the Plaintiff.
Reasons
1. Basic facts
A. The parties 1) The Defendant has been engaged in the scrap metal trade business, such as heavy steel scrap and pipe, using the title of the representative position of the “D” company as a manager of the C company. D has completed business registration under the name of the Defendant’s wife E, and F has actually operated C and D with the Defendant using the name of “G”.
B. 1) The Plaintiff, upon the recommendation of the Defendant and F, remitted the amount of KRW 190 million to the Defendant and F, to the bank account in the name of the Defendant’s wife, KRW 40 million on April 15, 201, KRW 190 million on April 19, 201, KRW 50 million on April 29, 201, and KRW 190 million on April 29, 201. (2) The Plaintiff requested the Defendant and F to return the said KRW 190 million, and the Defendant and F made a payment agreement with the Plaintiff around June 201, as follows:
(hereinafter “instant payment agreement”). The instant payment agreement was written in F’s hand writing. The lower part of the agreement is written in F’s hand, and the name of “C manager G” and the Defendant was written in the name of “G,” and the Defendant’s name was written in F’s brief signature.
The amount borrowed from the Plaintiff shall have been borrowed from the Plaintiff as follows: (a) I agree to pay the above amount by August 30, 201.
3) The Defendant and F returned to the Plaintiff, before and after the instant payment agreement, a total of KRW 72 million out of the total of KRW 190 million. C. The Plaintiff’s criminal complaint case (the Plaintiff’s criminal complaint case) filed a complaint with the Defendant and F by asserting that the Defendant and F promised 10% of the profit and acquired the Defendant and F by payment of KRW 190 million, in return for the promise of 10 million.
2. On May 30, 2014, the prosecutor in charge of the instant accusation case is deemed to have received KRW 190 million from the Plaintiff as investment money, but the Defendant and F are deemed to have received KRW 190,000 from the Plaintiff, such as scrap metal and pipes in the East Asian Sales Co., Ltd., Ltd., the business partner of which is the said money.