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1. The Defendant shall pay to the Plaintiff KRW 59,431,00 and interest rate of KRW 15% per annum from February 1, 2016 to the date of complete payment.
Reasons
1. The fact that the Plaintiff remitted KRW 70 million to the Defendant’s account on March 19, 2014 does not have any dispute between the parties, or that the entries in the evidence No. 1 are recognized by comprehensively considering the purport of the entire pleadings.
2. The assertion and judgment
A. The plaintiff asserts that the plaintiff lent KRW 70 million to the plaintiff.
As to this, the Defendant received KRW 70 million from the Plaintiff, but the Plaintiff and the Defendant operated a restaurant in Vietnam with the Korean restaurant, and received KRW 70 million from the Plaintiff. The Defendant asserted that the Plaintiff could not respond to the Plaintiff’s request, since the Defendant’s failure of the business to operate the business was all of the amount of KRW 70 million.
B. Comprehensively taking account of the overall purport of the statements and arguments by Gap evidence Nos. 1 through 6 (including paper numbers), the defendant requested the plaintiff to lend money to the plaintiff for the purpose of raising funds for the business of Vietnam; ② the plaintiff transferred money of KRW 70 million, which is a part of the proceeds from the disposal of an individual taxi, to the defendant as above; ③ the defendant paid KRW 10,569,000 to the plaintiff from March 20, 2014 to September 28, 2014; ④ the defendant paid the plaintiff a total of KRW 10,569,000 to the plaintiff; ④ on December 8, 2014, the defendant may recognize the fact that the defendant requested the plaintiff's family members to engage in the business in Vietnam; and the above fact that the plaintiff requested the plaintiff to engage in gambling from September 20 to September 28, 2014, is sufficient to deem that the plaintiff loaned money to the defendant; and it cannot be deemed that the plaintiff made a contribution to the partner.
Therefore, the Defendant calculated the amount of KRW 59,431,00 (=70,000,000 - 10,569,000) remaining in the Plaintiff and the annual rate of KRW 15% under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 1, 2016 to the date of full payment, which is clear after the original copy of the instant payment order was served on the Defendant.