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The defendant's KRW 50,000,000 and its interest to the plaintiff shall be 6% per annum from November 9, 2019 to May 25, 2020.
Reasons
Basic Facts
A. On July 31, 2019, the Plaintiff remitted KRW 50,000 to the Defendant.
B. On August 2, 2019, the Plaintiff’s employee sent to the Defendant a note that “a letter of loan” and “a letter of agreement-C district” files are accompanied by “a letter of loan” and “a letter of agreement-C district.”
C. On August 7, 2019, the Plaintiff’s employee sent a note to the Defendant stating that “the delivery of draft written contract for administrative service agency service” was “the delivery of draft written contract for administrative service agency service.” On the same day, the Defendant sent the note to the Defendant as “the modification of the service contract and the written application for subscription.”
On November 4, 2019, the Plaintiff sent to the Defendant a content-certified mail stating that “the Plaintiff lent KRW 50,000,000 to the Defendant on July 31, 2019.” The Plaintiff received the said money by November 8, 2019, and the Defendant received it around that time.
E. On November 18, 2019, the Defendant sent to the Plaintiff a document verifying that “the Defendant did not borrow money from the Plaintiff. The representative of E company deposited KRW 50,000,000 upon entering into an administrative service agency contract with the Defendant. If the Defendant selects another agency, he would return KRW 50,000,000 paid by the Plaintiff.” The Plaintiff received it difficult to do so.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 2 (including the paper number), the purport of the whole pleadings
2. Determination as to loan claims
A. The summary of the Plaintiff’s assertion (1) on July 31, 2019, the Plaintiff lent KRW 50,000,000 to the Defendant.
(2) The summary of the Defendant’s assertion did not borrow money from the Plaintiff, and received KRW 50,00,000 from the down payment of the administrative service contract concluded orally with the Plaintiff.
B. Comprehensively taking account of the following circumstances acknowledged based on the above facts and the evidence as seen earlier, the Plaintiff’s KRW 50,000,000 to the Defendant on July 31, 2019.