대여금
1. The part against Defendant C among the judgment of the first instance court is revoked, and the Plaintiff’s claim against Defendant C is dismissed.
2...
1. Determination as to the claim against Defendant C
A. The Plaintiff is obligated to pay the Plaintiff the remainder of KRW 30,000,000,00 on November 9, 201, and the total amount of KRW 40,000,000 on November 18, 201, to Defendant C by remitting the total amount of KRW 35,000,000 to Defendant C. There is no dispute between the parties, and the Plaintiff was paid KRW 10,00,000 from Defendant C through Defendant B on July 7, 2011. Thus, barring any special circumstance, Defendant C is obligated to pay the Plaintiff the remainder of KRW 30,00,000 and delay damages at a rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from April 12, 2014 to the date following the delivery date of a copy of the complaint of this case.
B. Defendant C’s defense that Defendant C paid the Plaintiff the full amount of KRW 40,000,000,000 as above, through Defendant B.
In full view of the overall purport of the pleadings, Gap evidence Nos. 9, 10, Eul evidence Nos. 9, 10, 16, 42, and 45 (including serial numbers), and the purport of the whole pleadings: ① Defendant C remitted KRW 40,000,000 to the plaintiff on June 28, 201, and KRW 36,000,000 on June 29, 201, and KRW 40,000,000 on June 30, 201, and KRW 20,000,000 to the plaintiff on July 7, 201; ② Defendant B remitted KRW 10,000 to the plaintiff on July 1, 201, and KRW 30,000 from the plaintiff on June 29, 200, KRW 200 to the plaintiff on July 30, 201, and KRW 300,000 on each of the above loans.
According to the above facts of recognition, Defendant C paid 40,000,000 won to the Plaintiff through Defendant C. Thus, Defendant C’s defense is reasonable, and the Plaintiff’s loan claim amounting to KRW 40,000,000 against Defendant C is all the amount.