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1. The Defendant’s KRW 65,00,000 as well as the Plaintiff’s annual rate from June 9, 2016 to October 25, 2017, and the following.
Reasons
1. The fact that the Plaintiff, on behalf of the Defendant, remitted to the Defendant’s mother’s account, KRW 25 million on July 8, 2014, and KRW 40 million on September 30, 2015 is no dispute between the parties.
2. Determination as to the claim for loans of KRW 25 million on July 8, 2014
A. The parties asserted 1) around July 2014, the Defendant loaned part of the funds necessary for the Defendant to invest in D to pay at least 3% interest per month, and the Plaintiff wired the above 25 million won interest to the Plaintiff. The Plaintiff received interest at least 3% per month thereafter. (2) The Defendant paid the money to the Defendant for the deposit money for the large-scale car business operated by the Defendant by the Defendant, and received the interest of 3% per month from the Defendant, thereby transferring the above 25 million won to the Defendant’s mother’s account in order to change the good difference and to make another way. The Defendant immediately transferred the money to D.
The above money is not borrowed by the defendant, but paid to D with the deposit for the use of the vehicle, and only the defendant delivered it.
B. The following facts can be acknowledged in full view of the facts that there is no dispute between the parties to the recognition, the evidence Nos. 7, the evidence Nos. 1 and 2, and the purport of the whole pleadings.
1) The Plaintiff remitted KRW 25 million to the Defendant’s mother’s account used by the Defendant. At the time, the Plaintiff and D were unaware of each other. (2) From August 2014 to February 2, 2015, KRW 750,000,000, equivalent to the said KRW 25 million, was remitted to the Plaintiff’s account every month.
Among them, D remitted on August 2014, but the defendant remitted from September 2014.
The Defendant indicated the details of the remitted money to every month as “interest on the President’s own,” “Egrat,” “interest on the President’s own,” “Egrat,” and clearly indicated that all of them are “interest”.
3) The Defendant received the transfer of money from D in each month to the Plaintiff on the day or after the day, and remitted the money to the Plaintiff (so-called Mag-ho).