1. Preliminary Defendant shall pay to the Plaintiff KRW 200,000,000 per annum from February 1, 2020 to the day of complete payment.

Basic Facts

On September 6, 2018, the Plaintiff, who runs a construction business, etc., entered into a contract for the construction of a tourist hotel in Busan-gu EM with D on September 6, 2018, set the contract amount of KRW 16,874,00,000. On the same day, the Plaintiff received KRW 490,000,000 as the advance payment from D on the same day.

On the same day, the Plaintiff transferred KRW 200,000 to the account in the name of the primary accused on the same day.

[Reasons] The plaintiff's assertion of the whole purport of the arguments and arguments by Gap's non-contentious facts, Gap's evidence 1, 2, 4, 6, Eul's evidence 5, Eul's evidence 4-2, and Eul's evidence 4-2, and the plaintiff's assertion of the whole purport of the pleading was lent money to the main defendant by remitting 2,00,000 won out of 490,000 won to the main defendant's account designated by the conjunctive defendant at the request of the conjunctive defendant who is a employee of D.

Therefore, the primary Defendant is obligated to pay the Plaintiff the loan amount of KRW 200,000,000 and damages for delay. If the primary Defendant does not borrow money from the Plaintiff, the Plaintiff is deemed to have lent the funds to the primary Defendant. Therefore, the primary Defendant is obligated to pay the Plaintiff the loan amount of KRW 200,000,000 and damages for delay.

As seen earlier, the Plaintiff transferred KRW 200,000 to an account in the name of the primary defendant as to the claim against the primary defendant, but it is insufficient to recognize that the above fact of recognition alone was insufficient to recognize that the Plaintiff lent money to the primary defendant, and there is no other evidence to acknowledge it otherwise.

Rather, according to the statements or images of Gap evidence 5, Eul evidence 2, 5, Eul evidence 3-1, and Eul evidence 4-2, the plaintiff's representative director of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors of the board of directors.