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1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 16, 2017 to December 22, 2017.
Reasons
1. The Plaintiff is a person who operates seeds and seedlings of agricultural chemicals in the Gyeong-gun, Gyeongnam-gun. The Defendant does not dispute the following: (a) the sales division of the branch; (b) the Plaintiff is a person who operates seeds and seedlings of agricultural chemicals in the GGyeong-gun; and (c) the Plaintiff transfers the total amount of KRW 35 million to the Nonghyup Bank account in the name of the Defendant (Account Number: D; hereinafter “instant account”); (d) the amount of KRW 60 million on March 17, 2011; (c) KRW 40 million on March 21, 2011; (d) KRW 30 million on March 26, 201; and (e) KRW 70 million on April 20, 201; and (e) KRW 285 million on May 35, 2011; and (e) the amount of KRW 500,500,000.
2. Determination as to the cause of action
A. Party’s assertion 1) Of the money remitted to the Plaintiff’s account as of January 25, 201, the remittance amounting to KRW 35 million as of January 25, 201 is the money that the Defendant lent to the Defendant because it is necessary to pay part of the purchase price for the Defendant to purchase the vehicle. The remainder remittance amounting to KRW 250 million is the money that the Defendant agreed to pay within 1-2 months from the lending date without interest because it is necessary for the purchase and transfer of the land for scrap in joint operation with E and E and E in order to jointly operate the G-vehicle, and it is the money that the Defendant lent to the Defendant without interest. Accordingly, the Defendant is liable to pay KRW 285 million to the Plaintiff as of January 25, 201, because the Plaintiff lent to the Defendant, the remainder remittance amount to KRW 250 million to the Plaintiff or KRW 250 million to the Defendant that the Plaintiff lent to the E-ran account, not the Plaintiff’s partner’s funds.
B. The Plaintiff’s loan of KRW 35 million to the Defendant on January 25, 201 on the part regarding remittance amounting to KRW 35 million as of January 25, 201 to the Defendant on January 25, 2011 does not have any dispute between the parties. Therefore, the Defendant, barring any special circumstance, is on the Plaintiff’s above KRW 35 million and the Civil Act or the litigation promotion thereof.