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1. The Defendant’s KRW 20,000,000 as well as 5% per annum from April 16, 2016 to March 2, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 2015, the Plaintiff received a proposal from the Defendant to operate the main points together, and took over the main points (C) of Pyeongtaek, and operated it as a partnership from May 28, 2015 to September 2015.
B. In the process of the acquisition and operation of the above main points, the Plaintiff deposited a total of KRW 20 million in three times on April 26, 2015, as well as KRW 43.41 million in a bank account designated by the Defendant by June 17, 2015.
C. In relation to the payment made by the Plaintiff, the Defendant prepared and delivered to the Plaintiff a loan certificate stating that “B above at the same time borrowed from the obligee A a lump sum of KRW 2,000,000,000, which is recognized as a partner’s principal while driving the joint business.”
Since then, the plaintiff stated that the sum of the above main points' deposits and premiums was KRW 18 billion, which the defendant stated in the written complaint, that the defendant added the premium and deposits to KRW 180,000,000,000, in the cause of the claim stated in the written complaint. However, according to the records, this seems to be a clerical error of KRW 18,00,000,000.
The Defendant filed a complaint against the Defendant for fraud on the ground that the Defendant did not request the Defendant to repay money deposited with the amount of KRW 40 million, but the Defendant did not comply. In the course of the investigation of the instant case, the Defendant: (a) paid KRW 20 million deposited on April 26, 2015; (b) borrowed money by using a loan certificate; (c) the Defendant stated that the Defendant borrowed KRW 20 million from the Plaintiff first to borrow money from the “C” in order to repay his/her debt to his/her own third villages (the Defendant stated that he/she subsequently borrowed KRW 20 million from the Plaintiff first to use the said borrowed money in the “C”); (d) April 28, 2015 to May 20, 2015; and (e) KRW 100,000,000 from April 5, 200 to May 20, 2015 to KRW 30,000,000,000 for the loan account transfer; and (e.