계금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Summary of the parties' arguments;
A. The Defendant did not pay the Plaintiff a total of KRW 8,512,000 from March 30, 2015 to December 31, 2015.
The defendant is liable for paying to the plaintiff KRW 8,512,00 and damages for delay.
B. As the Defendant received the Plaintiff’s consent and paid KRW 8,600,000 to C on November 30, 2015, the Defendant did not have any obligation to pay the Plaintiff the fraternity.
2. Determination as to the cause of action
A. Since the Defendant is a person who received KRW 8,512,00 from the Plaintiff for the payment of KRW 8,512,00, the Defendant is obligated to pay the said fraternity and damages for delay to the Plaintiff, barring any special circumstance.
B. Comprehensively taking account of the following circumstances acknowledged by the Defendant’s no dispute over the defense of payment, Gap’s evidence Nos. 1, 2 (including each number), Eul evidence Nos. 1 through 4, Eul’s testimony by witness C of the first instance trial, and the purport of the entire pleadings, the Defendant’s defense of payment for the payment of KRW 8,600,000 to C on November 30, 2015 can be acknowledged as having obtained prior consent or approved ex post facto. Thus, the Defendant’s defense of payment is with merit.
① Witness C of the first instance trial testified that “after lending KRW 36 million to the Plaintiff, the Plaintiff settled the credit and debt relationship at KRW 6,600,000,000 in consideration of the fact that he/she was to receive the credit amount on his/her behalf, and the Plaintiff paid the phone to the Defendant and completed the settlement, and thus, he/she paid the credit amount to the Defendant. The Plaintiff was given a credit amount from the Defendant, and the Plaintiff prepared a certificate of loan of KRW 6,60,000.”
② On November 30, 2015, the Defendant remitted the amount of KRW 8,600,000 to C, and the Plaintiff prepared a letter of loan to C around December 2015, stating that “A person shall repay KRW 6,600,000 to C” (hereinafter “ separate certificate of loan”) and this conforms to C’s statement.