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1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:
Defendant B.
Reasons
1. Facts of recognition;
A. The Plaintiff: (a) received a proposal from Defendant B to pay the amount of monthly investment equivalent to 30% of the amount of monthly investment to pay the principal after three months; (b) transferred the amount of KRW 10 million to Defendant B’s account on January 31, 2013; (c) KRW 10 million on February 4, 2013; (d) KRW 30 million on February 14, 2013; and (e) KRW 80 million on March 20, 2013 to Defendant C’s account under the name of Defendant C, the wife of Defendant B.
(hereinafter referred to as “instant investment”). (b)
Defendant B paid KRW 20,320,000 to the Plaintiff with the agreed revenue on the instant investment amount from February 1, 2013 to April 25, 2013. Of the instant investment amount, Defendant B prepared and issued a cash loan agreement to the effect that the Plaintiff would pay KRW 30,000,000,000,000 received from the account under Defendant C’s name on March 20, 2013 after three months from the date of borrowing.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-6, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. According to the facts of the determination as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff 80 million won of the instant investment amount and to pay to the Plaintiff 50 million won of the said amount from April 26, 2013, which is the day following the date of payment of the final profit on the said investment amount, to April 9, 2014, which is the day of service of the copy of the instant complaint, for the amount of KRW 30 million from April 31, 2014, which is the day of service of the copy of the instant complaint, to the Plaintiff by October 31, 2014, each of which is 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full payment.
B. Defendant B’s defense asserted that Defendant B paid KRW 20,320,000 out of the instant investment amount, and thus, Defendant B paid KRW 20,320,000 to the Plaintiff from February 1, 2013 to April 25, 2013, although there is no dispute between the parties, the said amount was paid as a profit for the instant investment amount.