The defendant's KRW 50,000,000 for the plaintiff and 5% per annum from January 1, 2020 to February 3, 2020.

Facts of recognition

According to the statement and form of Gap evidence Nos. 1 and 2, the plaintiff transferred KRW 50,000,000 to a corporate bank account (Account Number D) in the name of the representative director C on December 21, 2018, and the defendant issued and delivered a promissory note on August 19, 2019 to the plaintiff on December 31, 2019.

2. The assertion and judgment

A. The gist of the claim is that the defendant requested the plaintiff's Eul to lend KRW 150,000,000 to the plaintiff's Eul, and that 50,000,000 among them was lent to the defendant, and that the defendant purchased the defendant's shares by paying the above money as investment deposit.

B. We examine the following circumstances, which are acknowledged by the above evidence, Gap evidence, Eul evidence Nos. 3, 4, and Eul evidence Nos. 1 and the purport of the whole pleadings, i.e., the defendant prepared and delivered a loan certificate with the purport of borrowing KRW 150,00,00 from the plaintiff's father E on December 24, 2018, and the defendant issued and delivered a promissory note with the above amount of KRW 50,000 on August 19, 2019. ② The defendant did not provide the above loan certificate and the circumstance leading up to the issuance of promissory note Nos. 3, 4, and 100 on June 30, 200, which were submitted after the closing of the pleadings of this case. The defendant presented the above loan certificate to the plaintiff and the above amount of KRW 150,000 on June 30, 200 to acquire shares, but it was difficult for the plaintiff to present it with the number of shares borrowed.