1. The Defendant’s KRW 100 million and the Plaintiff’s KRW 15% per annum from January 12, 2019 to May 31, 2019.

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) is an executor of the D building located at the time of a show. The Defendant is the representative director of C, and the Plaintiff was an employee who was employed around July 2014.

B. The Plaintiff and the Defendant jointly established E Co., Ltd. (hereinafter “E”) on December 5, 2014 for the professional operation of the said D building.

C. The total amount of E’s capital is KRW 50 million ( KRW 10,000 per common share of issued shares, KRW 50,000 per share); E’s shares are owned by the Plaintiff 4500 shares (45%) and the Defendant 5500 shares (55%) respectively; at the time of establishment of E, the Plaintiff was appointed as inside directors and the representative director; and the Defendant was appointed as inside directors.

On October 30, 2015, the Plaintiff transferred total of KRW 50 million, KRW 50 million on November 2, 2015, and KRW 100 million (hereinafter “instant money”) to the Defendant’s account.

E. The Defendant transferred KRW 1 million each month from November 2015 to October 2016 to the Plaintiff’s account in the name of “Defendant” or “Defendant (C)” from November 2016 to October 2017, and KRW 500,000 each month from November 2017 to August 2018.

F. From April 2016, the Plaintiff demanded the Defendant to return the instant money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 2 and 5, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff lent the money of this case to the defendant, and the defendant is obligated to pay the loan of KRW 100 million and delay damages to the plaintiff.

B. The Defendant’s assertion money is not a loan to the Defendant, but only the Plaintiff, the shareholder and representative director of E, transferred the provisional deposit (loan) to the Defendant’s account for convenience.

3. Determination

A. In full view of the following circumstances as to the other party to the loan, the evidence and the evidence set forth in the above facts of recognition as to the other party to the loan, as well as the purport of the entire arguments and the statements set forth in subparagraphs 6 through 8.