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1. The Defendant’s KRW 272,00,000 and the following day shall be 5% per annum from August 5, 2015 to July 7, 2017 to the Plaintiff.
Reasons
1. Case summary and basic facts
A. The summary of the instant case pertains to the Plaintiff’s assertion that the Defendant did not pay the said money and sought the return of the loan, even though the Plaintiff lent a total of KRW 37 million over five times from May 27, 2013 to March 25, 2014, to the Defendant, who was in a partnership relationship, without setting a deadline for repayment and interest rate.
As to this, the Defendant repaid the amount borrowed from the Plaintiff only in the amount of KRW 180 million. The remainder claimed by the Plaintiff as the loan is disputing that the Defendant transferred the Plaintiff’s share twice to the Plaintiff, and paid the amount in installments or received the Defendant’s refund of the amount that the Defendant lent to the Plaintiff.
B. Basic facts 1) The Plaintiff and the Defendant are those who hold a doctor’s license and are in line with high school post-ray (the Defendant’s line). On June 22, 2011, the Defendant opened and independently operated a medical institution under the name of “C Council members” on the basis of “C Council members,” and concluded a mutual agreement between the Plaintiff and the Plaintiff to jointly operate the said Council members by transferring 50% of the said C Council members’ share to the Plaintiff (hereinafter “instant agreement”). Meanwhile, the Plaintiff transferred KRW 75 million to the Defendant on May 27, 2013, ② KRW 20 million on March 11, 2014, KRW 30 million on March 14, 2014, KRW 10 million on March 24, 2014, KRW 200,000 on March 14, 2014, KRW 300,005.25 million on each of the said agreements.
[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 3 (including each number, if any; hereinafter the same shall apply), Eul's 1, and the purport of the whole pleadings
2. The party’s assertion and determination as to the cause of the claim
A. ① On May 27, 2013, the Plaintiff asserted that the said money was a loan to the Plaintiff, while the Defendant asserts that the said money was a loan, the said amount was paid late by adding the interest of KRW 70 million, which was not paid out of KRW 150 million in the share of the instant business agreement (50%) to KRW 150 million.