beta
Text
1. The Defendant’s KRW 13,105,100 as well as the Plaintiff’s annual rate from December 10, 2012 to June 11, 2014, and the following.
Reasons
1. Facts of recognition;
A. On June 201, upon the introduction of C, the Plaintiff agreed to invest the Plaintiff’s money in the clothing business of the Defendant and the Defendant, the mother of C, and agreed to pay 20% of the investment amount to the Plaintiff, along with the principal.
The Plaintiff paid KRW 10 million to the Defendant on June 10, 201, and KRW 10 million on June 23, 2011 pursuant to the above agreement.
B. On September 26, 201, the Plaintiff lent KRW 5 million to the Defendant.
C. The Plaintiff transferred KRW 600,000,000 to the Defendant on July 19, 201, and KRW 6 million on August 5, 2011.
From June 21, 2011 to April 17, 2012, the Defendant paid the Plaintiff totaling KRW 2,577,00,000 to the Plaintiff as the income from the investment, the return of the investment principal, and the return of the loan.
[Reasons for Recognition] A without dispute, entry of evidence from Gap 1 to 6, the result of the questioning of the plaintiff himself, the purport of the whole pleadings
2. Determination as to the cause of claim
A. The Plaintiff’s remaining claim for the remainder of the investment deposit was accepted on the part of the Defendant
(a).
C. On December 6, 201, a total of KRW 3,3250,00,000,000,000,000,000,000,000,000,000,000,000,000 won, were invested, and 20% monthly agreement was made on the above investment amount, and 2,7420,000 won was returned from the Defendant, thus, the remaining amount of the investment and earnings should be returned to the Defendant.
2 Comprehensively taking account of the above evidence, the Plaintiff’s above-mentioned evidence to the Defendant
(a).
C. It is reasonable to view that there was an agreement or interest agreement for 20% on the said money to the Defendant as an investment or loan, and that there was an agreement or interest agreement for 20% on the said money.
Therefore, the above
(a).
C. KRW 2,577,00 (excluding KRW 1.65 million paid to the Plaintiff on December 6, 2011, as seen below) that the Defendant paid to the Plaintiff out of the aggregate of KRW 31,60,000 in KRW 30,000,000,000 (excluding KRW 31.6 million x 0.2), is first appropriated for the proceeds of the said investment or the interest of the loan (excluding KRW 1.6 million x 0.2), and the remainder KRW 19,450,000,000.