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1. The Defendant paid KRW 6,486,207 to the Plaintiff KRW 5% per annum from June 11, 2012 to January 23, 2015.
Reasons
1. Facts of recognition;
A. The Defendant is a person who runs the sales business of goods, such as ginseng, with the trade name “D” on the first floor of the building in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as “instant store”) and the Plaintiff is a person who runs the business with the Defendant from July 1, 2009 to November 30, 201, and was in the position of the head of the sales division at the instant store.
B. Around March 26, 2011, F, the actual operator of E Co., Ltd. (hereinafter “Nonindicted Company”) sought the instant store and, upon investing KRW 20,000,000,000,000,000,000,000,000,000,000,000 won was to be invested by Nonparty Co., Ltd. (hereinafter “Nonindicted Company”) and to make an investment. The Plaintiff decided to invest KRW 20,000 in Nonparty Co., Ltd. under the name of G, the Defendant’s seat rather than directly making an investment.
C. Accordingly, on March 30, 201, the Plaintiff remitted KRW 20 million to the Defendant’s bank account. On April 4, 2011, the Defendant invested the said KRW 20 million in the name of G, one’s own seat, which was being kept in custody by the Plaintiff from the Nonparty Company (hereinafter “instant investment”) and on the same day, the Nonparty Company and F borrowed KRW 20 million from G on April 4, 201 to “the Nonparty Company and F” from the Nonparty Company and F. The Nonparty Company and F promised to repay KRW 30 million, including the principal and interest, until August 30, 201.”
(hereinafter referred to as the “Agreement on Loan Certificates”) is the instant arrangement. D.
When the non-party company was unable to repay money in accordance with the instant agreement due to business difficulties, around April 2012, F agreed on behalf of the non-party company to reimburse KRW 20 million of the investment amount in the manner of supplying the products produced and sold by G and the defendant on behalf of the non-party company only or by the non-party company. Accordingly, the non-party company is market price from April 201 to June 11, 2012.