대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Basic facts
A. On May 21, 2012, the Plaintiff transferred KRW 30,000,000 to the account under the name of the Defendant.
B. The Defendant remitted KRW 510,000 per month to the Plaintiff, and remitted KRW 24,510,000 on August 6, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The plaintiff's assertion 1) The plaintiff is entitled to interest of 2% per month while lending KRW 30,000,000 to the defendant, but the defendant paid only KRW 510,00,00 which is the interest of 1.7% per month, and on August 6, 2015, the defendant paid the principal and interest of KRW 20,00,000 per month and did not pay the remainder of the principal and interest. Thus, the defendant is obligated to pay the plaintiff. 2) The defendant is not the defendant borrowed KRW 30,00,000 from the plaintiff, but the non-party C borrowed the above money from the plaintiff. Thus, the defendant asserts that the defendant is not obligated to pay the plaintiff and the non-party C is merely obligated to pay the principal and interest.
B. The following circumstances, which are acknowledged by adding the whole purport of the pleadings to the statements (including additional numbers) in Gap evidence Nos. 4, Eul evidence No. 4, and Eul evidence No. 4, 8, and 22, the creditor column of the power of attorney to prepare notarial deeds (Evidence No. 4) provided to the plaintiff by the defendant to the plaintiff, i.e., the defendant is indicated as the creditor by the defendant, not the plaintiff; ② if the defendant acted as a broker for a loan between the plaintiff and a third party, if the plaintiff lent money to Eul as a broker by the defendant, the notarial deed related to the loan for cash consumption between the plaintiff and the third party is deemed to have been prepared; ③ also, the defendant also borrowed money from the defendant and submitted it to the court of first instance; ④ otherwise, evidence to acknowledge that the defendant acted as a broker for a loan between the plaintiff and the third party.