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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from October 29, 2016 to the day of full payment.
Reasons
1. Basic facts
A. On November 1, 2012, the Defendant transferred KRW 10,000 to the Nonghyup Bank’s deposit account at its own KB National Bank Deposit Account.
B. The Defendant and C decided to undertake a multi-household housing construction project (hereinafter “instant construction project”) in G at the same time as G, and the Defendant acquired the E Co., Ltd. (hereinafter “E”) on November 2, 2012 for this purpose and assumed office as its inside director (representative).
C. On November 2, 2012, the Plaintiff remitted KRW 10,000 (hereinafter “instant KRW 10,000”) to the Defendant’s bank account in the said KB National Bank.
1) On November 12, 2012, the Plaintiff is the Defendant’s deposit account in the above KB National Bank (hereinafter “instant KRW 50 million”).
(2) On November 12, 2012, the Defendant: (a) drafted a certificate of loan (hereinafter “certificate of loan in the name of the Defendant”) with the content of KRW 50,000,000 from the loan to the Plaintiff as of January 31, 2013; and (b) issued the said certificate to the Plaintiff on January 31, 2013.
E. On November 12, 2012, C prepared and awarded to the Plaintiff a loan certificate of KRW 20,000,000 in loan and of January 31, 2013 (hereinafter “the instant loan certificate”).
F. 1) On November 16, 2012, the Defendant remitted KRW 50,00 to E’s deposit account from the said KB National Bank’s deposit account. 2) On November 16, 2012, E entered into a land sales contract with respect to the instant construction project, and transferred KRW 50,000 to the seller as part of the down payment on the same day.
G. C paid a total of KRW 22.6 million to the Plaintiff on several occasions from June 2013 to November 2015 (hereinafter “instant KRW 22.6 million”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 and 7, Eul witness's partial testimony, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion ① The Plaintiff’s assertion that the Defendant requires the funds for the instant construction project, thereby combining the instant KRW 10,000 and KRW 50,00 to the Defendant.