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1. As to Plaintiff A’s KRW 27,085,00, and KRW 5,000,000 to Plaintiff B, the Defendant starting from November 24, 2015.
Reasons
1. Basic facts
A. From September 3, 2012 to January 14, 2015, Plaintiff A remitted a total of KRW 139,900,000 to the Defendant, and received a refund of KRW 111,915,000 in total from the Defendant.
B. On November 17, 2014, Plaintiff B remitted to the Defendant KRW 50,000,000 (hereinafter collectively referred to as “the instant money”), among all the above money that the Plaintiffs remitted to the Defendant, and received from the Defendant the refund of KRW 25,00,000,000 on April 17, 2015.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including virtual number) and the purport of the whole pleadings
2. The assertion and judgment
A. The Defendant asserts that the Plaintiff’s claim for the return of the Plaintiff’s loan is not a loan, but an investment in the bond business run by D.
B. Determination 1) We examine: (a) the following circumstances, which can be known by the respective statements in Gap evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 1, Eul evidence Nos. 1, witness witness testimony, and the entire purport of pleadings, namely, (b) the defendant testified in this court that the defendant's investment was included in the money invested in D, and (c) the defendant testified that he made an investment by lending money to Do Governor; (b) D was not directly paid to the plaintiffs; (c) the defendant made a payment to the others; and (c) the defendant made a payment to the others only that he made a part of the investment; and (d) the defendant made a payment to the plaintiff several times as interest or earnings on the instant money from September 5, 2012 to December 22, 2014; and (d) the defendant merely made an investment to the plaintiffs through the district court in violation of the Act on the Aggravated Punishment, etc. on the Aggravated Punishment (Fraud) (2015Da2727).