2. The parties' assertion

A. The Defendant proposed that the Plaintiff’s establishment of the Plaintiff Company D (hereinafter “D”) branch of the Plaintiff Company “D” branched KRW 200,000,000 from the D head office to “the defect in the cargo transport arrangement business along with that money.” In order to establish the branch, the Plaintiff first proposed that C pay KRW 55,00,000,000, out of the investment funds for the cargo transport arrangement business, and that C would immediately pay KRW 35,00,000, out of the investment funds for the cargo transport arrangement business.

C accepted it but requested the Plaintiff to help with money because it was impossible to obtain money. On May 16, 2015, when the Plaintiff confirmed by telephone to the Defendant on May 16, 2015, the Defendant promised to pay the amount from D head office to June 17, 2015, which is the following day, and the Defendant lent KRW 25,00,000 to the Defendant. Therefore, the Defendant is liable to pay the Plaintiff the above KRW 25,00,000 and the delay damages.

B. The Defendant had a claim for damages of KRW 50,000,000 from Defendant C due to the fraud, but C was ordered to deposit KRW 25,00,000 in the Plaintiff’s name. Therefore, the Defendant did not have any obligation to respond to the Plaintiff’s claim.

The plaintiff is aware that C would give 10% interest per month to C, thereby lending 25,00,000 won to C.

3. In full view of the statements in evidence Nos. 2 and 4, and the purport of the entire pleadings in witness E’s testimony, the Defendant referred to several persons to receive KRW 200,000 from the head office to receive KRW 20,000,000 if the Defendant wants to run a business with the D business, and C requested the Plaintiff to provide money to repay the Defendant’s obligation once he wishes to run a business with the D business, and C requested the Plaintiff to provide money by explaining such circumstances.