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1. The Defendant’s KRW 210,00,000 as well as the Plaintiff’s 20% per annum from May 19, 2017 to May 20, 2019, and the following.
Reasons
1. Facts of recognition;
A. On December 2015, the Plaintiff received the introduction of the representative director C Co., Ltd. (hereinafter “C”) C (hereinafter “C”) to the Defendant (the Defendant appears to have been an auditor at the time). Around March 2016, the Plaintiff received an investment proposal from the Defendant for the Hongcheon-gun E Real Estate Development Business (hereinafter “Real Estate Development Business”) and paid KRW 210,000,000 to the Defendant by means of investing all funds necessary for the said real estate development business in the Plaintiff.
B. On November 7, 2016, the Plaintiff, D, and Defendant prepared a written confirmation that “the Plaintiff waives the instant real estate development project and all rights incidental thereto, and the Defendant shall divide the investment amount of KRW 210,000,000 from the Plaintiff into KRW 30,000,000 on August 8, 2016, and KRW 10,000,000 on December 28, 2016, and KRW 80,000,000 on January 26, 2017” (hereinafter referred to as “written confirmation of the instant fact”).
Creditor: Defendant’s debt amount: KRW 210,000,000 (Contents)
1. The debtor, the defendant, and D shall carry on the real estate development business of Hongcheon-gun E, Gangwon as the representative of C;
On the other hand, it is a content that the Plaintiff borrowed and used funds necessary for the promotion of the project as a condition to participate in the project. Moreover, upon the repayment commitment on November 7, 2016, the Plaintiff made the confirmation letter of the instant case and the Plaintiff did not fully repay the debt amount to D and C representative D until May 19, 2017, respectively. Accordingly, the confirmation letter of the instant case is prepared as a collateral for the loan for consumption.
The loan certificate of this case is equivalent to the Notarial Deed
2. The payment of the borrowed money was made in accordance with the letter of confirmation of the instant case, and was borrowed by account transfer, and deposited to the managing director C, and was paid through several occasions, including deposit and cash payment.