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1. The Defendant shall pay to the Plaintiff KRW 64 million and the interest rate of KRW 15% per annum from June 15, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff, as her mother on May 21, 2008, remitted KRW 100 million to the Defendant, who had conducted real estate sale and enforcement business as her mother.
B. When the Plaintiff urged the Defendant to pay the above KRW 100 million, the Defendant paid KRW 30 million on May 27, 201, KRW 50 million on March 29, 201, KRW 36 million on June 201, and KRW 1 million on June 2017.
【Ground for Recognition: Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings】
2. The assertion and judgment
A. On May 21, 2008, the plaintiff alleged that the plaintiff transferred to the defendant on May 21, 2008, the plaintiff was paid KRW 100 million after 1 year from the defendant and was lent to the defendant. The defendant asserted that the plaintiff was invested on the condition that the plaintiff would pay KRW 200 million upon the success of the real estate sale and execution project.
B. In full view of the following circumstances, it is reasonable to view that the Plaintiff and the Defendant agreed to borrow KRW 100 million from the Plaintiff as business funds and use it as business funds, and at least KRW 100 million as principal after one year.
① It is true that the Defendant stated to the effect that the Plaintiff would pay KRW 200 million to the Plaintiff, although the Defendant asserted on the time to pay KRW 200 million to the Plaintiff.
② At the time of remitting KRW 100 million from the Plaintiff, the Defendant was prepared to obtain written consent for the implementation of the project to the real estate props, and was in a situation where it was difficult to implement the project due to financial crisis.
Although the defendant alleged that the business promoted by the defendant, including principal KRW 100 million, was to be paid in full when the business promoted by the defendant is successful, it was difficult to confirm the progress of the business due to the defendant's failure to participate in all of the real estate sale and execution business promoted by the plaintiff, and it is "business success".