대여금
1. Defendant C shall pay to Plaintiff A KRW 173,80,000 and KRW 54,000,00 among them. From March 27, 2016, Defendant C shall be fully paid.
1. As to the plaintiff A's claim against the defendant C, the plaintiff argued at the complaint as the cause of the claim for a loan for consumption with respect to the claim against the defendant C, and argued as the cause of the claim the illegal act of acquiring money caused by deception as the cause of the claim. The plaintiff's above claim is resolved as the cause of selective claim, and the plaintiff's claim for a loan for consumption against the defendant A should not be decided separately, as long as the plaintiff's claim for a loan for consumption is acknowledged as follows.
(1) According to the reasoning of the judgment on the cause of claim (1) 40 million won as of July 7, 2009, and the overall purport of the statements and arguments in the evidence Nos. 1 and 2 as of July 7, 2009, it can be acknowledged that the plaintiff A specified and lent 40 million won to the defendant C on July 7, 2009 as interest rate of 2%. Thus, barring any special circumstance, the defendant C is liable to pay the plaintiff A the above loan of 40 million won and delay damages.
As to this, Defendant C demanded the Plaintiff to pay 40 million won directly to E on the ground that the said 40 million won was originally money of E, and Defendant C asserted that the Plaintiff borrowed 40 million won from her pro-friendly job offering F and repaid it to E. Thus, according to the evidence No. 4, the fact that 40 million won was remitted to E in the name of E in the name of F. However, according to the following circumstances that can be known through the entire purport of the statements and arguments as stated in the evidence No. 3 and No. 4, Plaintiff C asserted that: (a) with respect to 40 million won transferred in the name of F, it was merely a direct loan of the Defendant C; (b) the certificate submitted by Defendant C as evidence for his own argument (Evidence No. 3) is used as the new building fund of the G (the need for completion inspection of the new building of the Plaintiff C), and (c) the Plaintiff’s assertion that it was only the loan of the Plaintiff C.