1. The Defendant’s KRW 43,00,000 as well as the Plaintiff’s annual rate of KRW 5% from February 14, 2017 to November 16, 2018.

1. Basic facts

A. The Defendant’s words: (a) transferred all of the F’s cyber lifelong education center remote institutions, which it operated, to H Co., Ltd., the representative director of G; (b) G established the Plaintiff Company and took office as an internal director; and (c) the Defendant worked as a director from November 2014 to July 31, 2016 at the Plaintiff Company.

B. On November 25, 2014, the Plaintiff transferred KRW 1 million to the Defendant’s bank account, KRW 22 million on November 28, 2014, KRW 23.5 million on May 21, 2015, KRW 20150,000 on August 10, 2015, and KRW 50 million on August 31, 2015, respectively, from the Defendant’s bank account to the Plaintiff’s bank account. The Plaintiff transferred KRW 20 million on September 8, 2015, KRW 15 million on September 22, 2015, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 7, 8 (including additional numbers), Eul evidence Nos. 1 and 7, the purport of the whole pleadings

2. The party's assertion and judgment

A. (1) The Defendant requested the Plaintiff to lend KRW 116,650,000 to the Plaintiff, and received reimbursement of KRW 35 million among them.

Therefore, the defendant is obligated to pay to the plaintiff the balance of the loan 8,1650,000 won and damages for delay.

(2) The Plaintiff was merely remitted to the bank account under the name of the Defendant in relation to claims and obligations between the Plaintiff and the Defendant, and the said money transferred from the Plaintiff was not borrowed by the Defendant.

B. (1) Determination (1) As to KRW 6,650,00 which the Plaintiff remitted to the Defendant’s bank account from November 25, 2014 to August 10, 2015, the following circumstances are acknowledged: (a) the Defendant obtained an individual loan of KRW 20,00,000 from J in order to use the previous company as the funds of the F Co., Ltd., Ltd., the Defendant received an individual loan of KRW 23 million from K Bank, and used the company loan to repay the said loan; and (b) the Defendant repaid a monthly specified amount from the Defendant’s salary to the company.