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1. The Defendant’s KRW 520,000,000 and the Plaintiff’s annual rate of 5% from March 4, 2017 to May 4, 2018, and the following.
Reasons
1. Under the underlying facts, the Plaintiff becomes aware of the transaction relationship with the Defendant running the same kind of company D (hereinafter “D”) while working for the Cable Company C Co., Ltd., and KRW 30 million with the account under the name of D Staff E on February 25, 2009;
6. 30. 30. 30. 37 billion won was remitted to the account in the name of the same employee F, and KRW 120 million was remitted to the account in the name of D on December 27, 2010, and around September 1, 2011, the amount of KRW 81,684,000 was withdrawn from the account in the name of one’s own name.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings
2. Determination
A. The key issue of this case is that the Plaintiff claimed that the Defendant lent KRW 623 million (i.e., KRW 520 million) to the Defendant at an interest rate of 2.5% per month (i.e., KRW 520 million). On the other hand, the Defendant asserted that there was no borrowed money from the Plaintiff, and the key issue of this case is whether the loan contract for consumption was concluded between the parties.
B. Determination 1) In full view of the following circumstances, it is reasonable to view that the Plaintiff lent KRW 520 million to the Defendant, taking account of each of the evidence, evidence and evidence set forth in the evidence set forth in the Plaintiff’s Evidence Nos. 8, 9, 11, and 17, and the purport of the entire pleadings. (A) The account holder, who was transferred by the Plaintiff, is E and F, as D’s employees.
B) From May 201 to December 201 of the same year, the Plaintiff was paid KRW 10 million each month (excluding the month of the same year) to the Plaintiff from May 2, 201 to December of the same year. The above KRW 10 million was equal to the interest on KRW 400 million. After the Plaintiff paid KRW 120 million to the account in the name of D, the Plaintiff was paid KRW 13.25 million each month from February 201 to July 201 of the same year, and the Plaintiff was paid KRW 13.25 million from the account in the name of F from February 201 to July of the same year. The above KRW 13.25 million was the amount equivalent to KRW 2.5 billion (i.e., KRW 400 million and KRW 120 million) to the Plaintiff around February 2012.
However, the above Promissory Notes shall be dated 2012.