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Defendant C’s KRW 122,650,000 and its amount are 15% per annum from January 19, 2019 to May 31, 2019.
Reasons
1. Facts of recognition;
A. On April 20, 2015, D transferred KRW 70 million to Defendant C (the receiving account was transferred from Defendant C’s Gwangju Bank Account) and on April 30, 2015, the Defendant limited liability company transferred KRW 20 million.
B. On May 26, 2015, D remitted KRW 50 million to the account in the name of Defendant Limited Liability Company B.
C. D transferred 2,2650,000 won to the Defendants’ account between April 23, 2015 and December 16, 2015.
D On November 28, 2018, between the Plaintiff and the Plaintiff, agreed to the effect that loans against the Defendants are transferred, and around that time, notified the Defendants of the said fact.
The Defendants received the above notification on November 29, 2018.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 4, 6 through 8, 10, and 11, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff asserts that D's remittance to the defendants was a loan, and the defendants asserted that D's remittance was an investment to acquire shares in relation to the defendant limited liability company's investment in the scrap metal business.
B. According to each of the above evidence, at the time of transferring D’s transfer of KRW 70 million to Defendant C on April 20, 2015, Defendant C prepared a loan certificate with the intent to pay KRW 70 million to D within 10 days.
In addition to these facts, if the funds invested in the scrap metal business are to be invested in the Plaintiff, it seems that there is no reason to prepare a loan certificate to the effect that Defendant C will repay the above amount of KRW 70 million to the Plaintiff within 10 days, and ② D stated to the effect that it was an oriental medical doctor, and that it was an oriental medical doctor, and that the above loan certificate was paid within 10 days, and thus, it is consistent with the statement of D.