The defendant shall pay 29,00,000 won to the plaintiff and 5% per annum from November 6, 2019 to November 3, 2020, and the next day.

Basic Facts

A. On December 2, 2010, the Defendant lent KRW 30 million to the Plaintiff without the due date agreement, including KRW 10 million and KRW 20 million on December 7, 2010.

B. From January 6, 2011 to May 11, 2011, the Plaintiff deposited KRW 3 million in total to the Defendant.

C. Around December 2011, the Plaintiff subscribed to the successful bid system under the Defendant’s name and paid a total of KRW 600,000 to three units each month, each of which shall be paid in KRW 200,000,000 for three units each month, and the Plaintiff paid a loan to the Defendant each month from December 23, 201 to May 24, 2019.

On August 23, 2013, the Defendant received KRW 16 million from a fraternity, from the Plaintiff, and deducted KRW 10 million from the principal and interest of the loan, and deposited the remainder KRW 6 million to the Plaintiff on September 4, 2013.

E. After that, the Defendant received KRW 20 million, around June 2019, and KRW 20 million, around July 2019, respectively, from the share for the remainder of the Plaintiff’s shares.

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 through 4, purport of whole pleadings]

2. The parties' assertion

A. If the Plaintiff paid to the Defendant a monthly deposit of KRW 600,000 per month, the Defendant paid KRW 60,000 after five years, and the Plaintiff was given priority over the repayment of the loan.

In other words, if the Plaintiff paid KRW 60,000 per month for 60 months, the Defendant agreed to pay KRW 1 million per month. Since the Plaintiff paid KRW 54 million for 90 months, the Defendant should pay the Plaintiff KRW 90 million (=1 million x 90 months).

Therefore, the Defendant is obligated to pay the Plaintiff KRW 70 million remaining after deducting the loan amounting to KRW 17 million (= KRW 30 million - KRW 10 million - KRW 10 million) that has not yet been paid to the Plaintiff at KRW 90 million.

B. The Defendant leased KRW 30 million to the Plaintiff as interest KRW 600,000 per month without the due date agreement. The Plaintiff is only KRW 3 million until May 11, 2011.