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Reasons
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(영문) 부산고등법원(창원) 2016.06.09 2015나22635
대여금
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1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 31,820,458 and KRW 27,200,00 among them.

Reasons

1. The fact that the Plaintiff paid money of KRW 30 million to the Defendant on April 29, 2011 does not conflict between the parties.

2. Requests for the return of loan amounting to 30 million won;

A. The party’s assertion asserts that the Plaintiff is obligated to refund to the Plaintiff the interest or delay damages calculated at the rate of KRW 30 million and the interest or delay damages calculated at the rate of KRW 30 million and the annual rate of KRW 30,000,000,000 to the Defendant.

Accordingly, the Defendant did not borrow money from the Plaintiff. However, while the Defendant invested in Lando Co., Ltd., Madon Korea, Madon Korea, E, etc. (hereinafter “each of the instant investment offices”), the Defendant received KRW 30 million from the Plaintiff and delivered the Plaintiff’s investment profits to each of the instant investment offices on behalf of the Plaintiff, and then received and delivered the investment profits from each of the instant investment offices to the Plaintiff.

B. The Plaintiff paid KRW 26 million to the Defendant on January 14, 2010. On January 14, 2010, the Plaintiff paid KRW 54 million to the Defendant on January 14, 2010, and KRW 40 million to the Defendant on March 29, 2010, and KRW 30 million on May 27, 2010, respectively, by paying KRW 124 million to the Defendant on May 27, 201.

Accordingly, the Defendant returned KRW 30 million to the Plaintiff’s account on March 17, 2010, KRW 20 million on March 18, 2010, KRW 20 million on March 18, 2010, and KRW 165 million on June 4, 2010 to the Plaintiff’s account under B’s name.

In addition, on March 29, 2010, the Plaintiff paid KRW 20 million to the account under the name of the Defendant’s designation as the Defendant, and the Defendant returned KRW 20,500,000 to the account under the name of B on March 31, 2010.

B, upon the Plaintiff’s instruction, the Defendant paid KRW 170 million in total to the Defendant on June 4, 2010, and KRW 30 million on August 5, 2010, and KRW 50 million on January 17, 201, respectively, in the presence of the Plaintiff. On April 29, 2011, the Plaintiff paid KRW 30 million to the Defendant on April 29, 201.

Accordingly, the defendant is the plaintiff as shown below.

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