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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On October 7, 2004, the Plaintiff remitted KRW 90,000,000 to the Defendant’s account (one bank E) and KRW 10,000,000 on October 8, 2004, respectively. On October 8, 2004, the Plaintiff remitted KRW 90,000 to the Defendant’s account via the Plaintiff’s account in the name of the wife C.
B. On November 17, 2004, the Plaintiff and the Defendant drafted a notarial deed under a debt repayment contract (hereinafter “notarial deed of this case”) with the content that “The Defendant shall approve the fact that the Defendant paid the debt amounting to KRW 200,000,000 (hereinafter “the instant money”) from the Plaintiff on November 16, 2004, when a notary public paid the debt amount of KRW 200,000 from the Plaintiff on June 30, 2006.”
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including branch numbers for those with branch numbers), the purport of whole pleadings
2. The parties' assertion
A. The plaintiff's assertion is entitled to the payment of the amount of this case lent to the defendant and the payment of damages for delay at the rate of 5% per annum under the Civil Act from July 1, 2006 to the service date of a duplicate of the complaint of this case, and 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.
B. Defendant’s assertion 1) The Plaintiff did not lend the instant money to the Defendant, but did not lend it to the Defendant, and the Magsan Co., Ltd. (hereinafter “Nonindicted Company”) via the Defendant.
(2) Around April 1, 2005, the Plaintiff and the Defendant agreed that KRW 48,000,000 out of the instant money shall be the 48,800 share price of the non-party company and the remainder of KRW 152,00,000 shall be lent or invested in the non-party company.
3. Determination
A. We examine the character of the instant money, and as seen earlier, the Plaintiff’s month as of October 7, 2004.
8. The transfer of the instant money to the Defendant under the name of the principal or his wife.