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1. The Defendant’s KRW 10 million to the Plaintiff and the Plaintiff’s KRW 5% per annum from October 24, 2013 to April 2, 2015.
Reasons
1. Facts of recognition;
A. The Defendant, which became aware of the introduction of C around April 2013, has a method of purchasing 50,000 won currency or gold ingot to the Plaintiff and D at a low price and raising three times profits from the purchase of '50,000 won currency or gold ingots', and it is necessary to pay KRW 200,000 to the funds for the work.
If 200 million won is lent, 1/6 of 30 billion won will be paid within 2 weeks, or 15 billion won out of 30 billion won, and 200 million won will be returned immediately if the day does not proceed properly.
B. The Plaintiff and D lent total of KRW 200 million to the Defendant on April 22, 2013, and KRW 100 million on April 25, 2013.
[Reasons for Recognition] Facts without dispute, Gap 1, 5, 7 evidence, witness C's testimony, the purport of the whole pleadings
2. Determination
A. In the case of a juristic act to which an additional officer attached, if there is considerable reason to view that if the facts indicated in the additional officer do not occur, it should be subject to the condition that the additional officer does not perform the obligation, and if it is reasonable to view that the additional officer must perform the obligation when the facts indicated have occurred and when it has become final and conclusive as well as when the facts indicated have not occurred as an objection,
B. (See Supreme Court Decision 2003Da24215 delivered on August 19, 2003).
According to the above facts, it is reasonable to view that the Plaintiff and D paid KRW 200 million to the Defendant, even if the Plaintiff and D did not sell the subscription money or gold bullion of the Defendant’s assertion and it was confirmed that the business would not bring profits from the sale of the gold money or gold bullion of the Defendant’s assertion, the Plaintiff and D would not seek the
The Plaintiff and D’s delivery of KRW 200,000 to the Defendant shall be deemed to have arrived at the end of that time, as long as the business of selling the subscription money or gold bars and leaving profits from the sale of them is not sexually dead until the time when the instant lawsuit was filed.