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1. The defendant shall pay 150,000,000 won to the plaintiff and 2% per month from April 16, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On July 2005, the Defendant, who worked in the Urban Railroad Corporation, established a funeral hall business consultation committee which operates the funeral hall business, and considering the fact that the operation of the said company violates the rules of employment of the Urban Railroad Corporation, the Defendant has practically been operating the said company after transferring its representative name to Nonparty D around December 2005.
B. On July 19, 2010, the Plaintiff transferred a total of KRW 150 million to the Defendant who was a friendship, including KRW 10 million on August 17, 2010, KRW 5 million on August 17, 2010, and KRW 150 million on September 13, 2010 (hereinafter “instant grant”).
C. On September 29, 2010, the Defendant remitted KRW 40 million to the above D. On November 201, 2010, the Co., Ltd purchased a bus of KRW 60 million (factory delivery date on December 2005; hereinafter “instant bus 1”) among the KRW 20 million, including the above KRW 40 million and the company’s operating funds, and invested it in the business of the head of the LAC.
On July 19, 2011, the Defendant remitted KRW 50 million to D respectively, and KRW 40 million following the date, and C additionally purchased one of the used buses (factory on July 19, 2007; hereinafter “instant bus”) and invested it in the business of the head of the Dispute Resolution Co., Ltd.
E. The Plaintiff received KRW 3 million monthly remittance from the above D upon the Defendant’s order from November 30, 2010 at the time of the purchase of the instant bus No. 1, and received KRW 1,500,000,000 from the interest accrued on April 16, 2014, around May 16, 2014.
(The Plaintiff’s identity). Meanwhile, the Plaintiff’s statement in the evidence No. 2 (Financial Transactions) alone, from November 30, 2010 to October 1, 2013, receives a total of 35 months (from November 1, 2010 to September 2013) from the Defendant’s side to the Plaintiff’s account in the name of Nonparty E, and receives a total of 3 million won from November 30, 2013 to October 1, 2013, and receives a total of 3 million won from the Plaintiff’s wife to the Plaintiff’s account in the name of Nonparty E., the sum of KRW 3 million until the following day.