1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 15% per annum from November 3, 2016 to the date of complete payment.

1. Basic facts

A. On March 2016, the Defendant: (a) as a corporation which aims to establish agricultural and fishery products wholesale and retail business, trade business, etc.; (b) sent name cards to China by sending them to the Plaintiff’s wife D to China; and (c) had them collected from China to commission them to import them to Korea.

B. The Defendant, in relation to the import business of the above name or object, remitted KRW 34,706,00 on April 15, 2016 to D in China, and KRW 23,416,00 on May 11, 2016, respectively.

C. On May 9, 2016, the Plaintiff deposited KRW 40,000,000 into the Defendant’s account. On July 4, 2016, the Plaintiff deposited KRW 15,000,000 from the Defendant, and transferred KRW 17,000,000 in total, plus KRW 2,00,000 of the Plaintiff’s money to the account of E, a Chinese account designated by D. Furthermore, on July 8, 2016, the Plaintiff deposited KRW 12,00,000 from the Defendant and transferred KRW 3,00,000 in total to the Plaintiff’s account.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 to 4 (including paper numbers), witness D's testimony, the purport of the whole pleadings

2. The parties' assertion

A. On May 2016, the Plaintiff loaned KRW 45,00,000 in total to the Defendant’s account, each of which was paid KRW 3,000,000,000 on May 9, 2016, upon receiving the Defendant’s request from C, the actual representative of the Defendant, to lend money necessary for the Defendant’s import of the name and personal belongings in China, and paid KRW 3,00,000 on July 4, 2016, and KRW 45,000 in total by paying KRW 2,00,000 to the Defendant’s transaction partner E.

B. The Plaintiff and the Defendant together invested money to operate a business importing famouss in China. The money paid by the Plaintiff to the Defendant and the money paid to the Defendant to the Defendant’s account is not both a loan, but an investment in the above name and the water import business.

3. Determination

A. There is a dispute as to whether the money paid by the Plaintiff directly to the Defendant’s account or to the Defendant’s account related to real transactions is a loan, and as long as there is no written disposition document drawn up between the parties.