2...

A. The Defendants are married couple.

B. On June 9, 2015, the Plaintiff transferred total of KRW 10,000,000 to Defendant C’s account two times at Defendant B’s request.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1, testimony of the first instance court witness D, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff loaned KRW 10,000,000 to Defendant B by transferring the money to Defendant C’s account at Defendant B’s request.

Defendant C withdrawn and used the money remitted by the Plaintiff as above.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 10,000,000 and damages for delay.

B. Defendants 1) In order to secure the claim against E, the Plaintiff requested confirmation of whether the coal owned by Defendant B among the coal extracted by Defendant B, which was operated by Defendant B, was either KRW 10,000,000 from the Plaintiff in return for confirmation by Defendant B. (2) Defendant B merely used the account in the name of Defendant C due to credit, etc., and Defendant C did not borrow the above money from the Plaintiff.

3. Determination as to the claim against the defendant B

A. According to the evidence and the purport of the entire pleadings as seen earlier, Defendant B asked D to lend KRW 10,000,000 to him, but D refused it due to the lack of surplus funds. ② After the introduction of the Plaintiff, Defendant B decided to repay KRW 10,000 on June 9, 2015, and borrowed KRW 10,000 from the Plaintiff, and ③ at the time, Defendant B received money from Defendant C to the account under the name of Defendant C, which is identified as a credit problem.

B. As to this, Defendant B asserted that “I would confirm that I would have recovered from F of the Company F for the settlement of G’s liabilities as owned by the president,” and that I would have received KRW 10,000,000 from the Plaintiff in return (see preparatory documents dated November 7, 2018). However, the Plaintiff’s written evidence Nos. 1 and 2 is alone.