1. The Defendant amounting to KRW 20 million to the Plaintiff and the Plaintiff’s 5% per annum from May 25, 2019 to December 19, 2019.

Facts of recognition

On August 11, 2016, Nonparty C entered into an investment agreement with the Defendant and the Defendant’s wife D with a view to investing KRW 700 million (Evidence 2). Of the above KRW 700 million, Nonparty C decided to substitute the Defendant’s existing KRW 200 million to “the Defendant shall return to the Plaintiff.”

On the other hand, C filed a lawsuit against the Defendant and D stating that “A request the payment of the investment principal, earnings, etc. which have not yet been returned under the above investment agreement” is pending in the lawsuit.

(In Busan District Court Branch 2019Gadan212466). Separately, the Plaintiff remitted total of KRW 200 million to the Defendant four times from March 30, 2018 to April 2, 2018.

(hereinafter “instant KRW 200 million” / [Ground 200 million] : A without dispute, each entry of evidence Nos. 1, 2, 1, 2, 6, and 8 (including all of the serial numbers), and the Plaintiff asserted that “the instant KRW 200 million is the Plaintiff’s investment or loan to the Defendant.” The Defendant asserts to the effect that “(i) E, other than the Plaintiff, is the subject of investment or loan, and (ii) the instant KRW 200 million was fully repaid.”

In a specific judgment, there is no dispute between the parties as to the fact that the nature of the instant KRW 200 million is an investment bond (based on the return of principal) or a loan. In full view of the following circumstances revealed by the above-mentioned facts and the evidence examined earlier, it is reasonable to deem that the said investment or loan subject is “Plaintiff”.

The Plaintiff directly remitted the instant KRW 200 million from his own account to the Defendant’s account.

There is no evidence to see that E, other than the Plaintiff, was the subject of investment or loan, because the Plaintiff transferred the funds as above upon request from E or the source of KRW 200 million in this case is E.

Inasmuch as the nature of the instant KRW 200 million is an investment bond or loan, and the fact that the Plaintiff remitted the instant KRW 200 million to the Defendant is recognized, etc.