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1. The Defendant: (a) KRW 100 million to the Plaintiff; (b) 5% per annum from April 7, 2013 to May 16, 2014; and (c) from the next day.
Reasons
Basic Facts
On April 30, 2010, the Plaintiff remitted KRW 10 million to C, and D remitted KRW 90 million to C on April 4, 2010.
[Grounds for recognition] Each entry in Gap 4-1 and 4-2. The plaintiff asserted that the defendant requested the plaintiff to lend the 1/4 share out of the 840 square meters of land E in Chungcheongnam-si (hereinafter "the land in this case"). Accordingly, the plaintiff, on April 30, 2010, directly remitted the amount of KRW 10 million to the seller C, and on the same day, he/she lent the sum of KRW 100 million to the seller C by directly remitting the amount of KRW 90 million to the seller through the account in the plaintiff's name D.
In regard to this, the defendant recommended the defendant to make an investment that the plaintiff would sell directly to the investors in Gangnam and left the interest of the defendant. Accordingly, the defendant purchased 1/4 shares out of the land of this case, and on April 30, 2010, the plaintiff directly paid 100 million won to the seller C as part payment (one hundred million won, as the plaintiff alleged to have lent to the defendant in the cause of the claim of this case), thereby investing KRW 100 million in the name of the defendant, and the defendant did not sell the registration of transfer of ownership in the future, but did not sell it to the defendant, and the defendant did not have concluded a monetary loan contract between the plaintiff and the defendant.
Judgment
Each evidence shall be examined.
According to the statement Gap 1 and 2, it is recognized that the occupation of the original/defendant is a licensed real estate agent.
According to Gap 3’s records, Eul completed the registration of ownership transfer on E large scale 840 square meters (hereinafter “instant land”) on October 6, 1988. On November 1, 2010, Eul sold the instant land to Defendant, F, and G, and on December 6, 201, sold 2/4 shares, Defendant, and 1/4 shares in each of them.