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1. The Defendant’s KRW 62,250,00 for the Plaintiff and KRW 5% per annum from October 28, 2014 to December 7, 2017.
Reasons
According to the evidence No. 1 (including paper numbers; hereinafter the same shall apply), it is recognized that the Plaintiff paid to the Defendant a sum of KRW 95 million on August 24, 2012, KRW 30 million, KRW 30 million on September 24, 2012, KRW 30 million on January 31, 2013, KRW 30 million on January 31, 2013, and KRW 5 million on April 15, 2013.
As to the legal nature of each of the above money, the plaintiff asserts that it is a loan, and the defendant asserts that it is an investment bond for C operated by himself.
In light of the overall purport of the arguments, the defendant himself stated to the effect that "the plaintiff has been able to repay all amounts in installments whenever money has been paid, and even in the future, the principal has an intention to repay in installments." The plaintiff appears not to have been in the position of receiving profits and losses from the business profit and loss of the defendant's operation repair room, and there are no materials or circumstances to regard each of the above money as investment funds. In light of these circumstances, it is reasonable to deem that the above money paid by the plaintiff to the defendant is a loan of the legal nature of the sum of KRW 95 million.
Therefore, the defendant is obligated to pay 6,2250,000 won for the remaining loan that remains after deducting 32,750,000 won that the plaintiff was paid to the plaintiff, and damages for delay at each rate of 5% per annum under the Civil Act from October 28, 2014 to December 7, 2017, which is the day following the delivery date of the original copy of the payment order (this court No. 2014, No. 8566) to the defendant, from October 28, 2014 to December 7, 2017, the delivery date of the copy of the complaint of this case, and damages for delay from the next day to the day of full payment.
Therefore, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.