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...
Party’s argument
A. On May 5, 2009, the Plaintiff’s assertion: (a) lent KRW 30 million to the Defendant on June 5, 2009 as the due date for repayment; and (b) transferred KRW 30 million to the head of Tong in the name of the Defendant’s denying C; and (c) on June 12, 2009, only interest and principal amount of KRW 10 million were paid until June 12, 2009; and (d) accordingly, the Defendant is obligated to pay to the Plaintiff the balance of the leased principal amount of KRW 20 million and delay damages therefrom from June 13, 2009.
B. The defendant alleged that he received a request from D to transfer money and notified the plaintiff of such fact, and the defendant lent money to D to the plaintiff, and the defendant merely mediated the lending of money between the plaintiff and D, and the defendant did not directly borrow money from the plaintiff, and the above claim against the defendant who is not the debtor is groundless.
Maz.
A. According to the evidence Nos. 1 and 2 of the facts of recognition, the defendant, on May 6, 2009, remitted 30 million won from the plaintiff to D again in the name of the defendant C in the name of C (Account Number:E) and the defendant, on June 12, 2009, remitted 10 million won to the plaintiff on June 12, 2009. However, in full view of the purport of the arguments in evidence No. 2, the plaintiff, without directly remitting 30 million won to the head of D on May 6, 2009, transferred 30 million won to the C-bank account under the name of C, and the defendant, on May 21, 2009, received 30 million won from the above C-bank to the plaintiff through the limit of 1 million won interest on the transfer of 30 million won.
B. In full view of the above facts of recognition, it is reasonable to see that the Defendant is the Defendant, in relation to the Plaintiff, since it can be sufficiently confirmed that the Defendant lent KRW 30 million from the Plaintiff to D again on the Defendant’s account, and that the Defendant is the Defendant. Therefore, the Defendant is seeking against the Plaintiff.