A. On May 12, 201, Plaintiff C lent a total of KRW 50,000,000,000 to the Defendant on August 12, 201, and KRW 50,000,000,000 on August 12, 2011, and C transferred the above claim (including interest) to the Plaintiff on September 1, 2016, and notified the Defendant.

Therefore, the Defendant is obligated to pay to the Plaintiff 50,000,000 won and 30,000,000,000 won from May 13, 2011 to August 13, 2011, 20,000 won with 5% per annum from August 27, 2011 to December 27, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the day of full payment.

B. Defendant C does not lend money to the Defendant and is a donation.

C is a donation of KRW 50 million to the Defendant in order to maintain internal relations, and this is illegal consideration and thus cannot be claimed for return.

2. Determination

A. According to Gap evidence Nos. 1, 2, 3-1, 3-1, 2, and 6, evidence Nos. 9-1 and 2-2, and witness testimony of Eul, upon the defendant's request, Eul deposited KRW 30,000 on May 12, 201 with the account in the name of D, which is the defendant's father, as well as KRW 20,000,000 on August 12, 201, and considering the economic circumstances of Eul, it is difficult for C to deem that it donated KRW 50,00,00 to the defendant, and the defendant also confirmed that C transferred the above loan claim to the defendant on September 1, 201, and notified the defendant thereof on September 6, 201, and the plaintiff claimed for the acquisition of the loan money by transfer on September 1, 2016.

Therefore, the defendant is liable to pay the plaintiff 50,000,000 won and damages for delay to the transferee of the claim.

B. However, in relation to the claim for interest, the plaintiff also stated in the complaint as "the date of repayment: at any time when the request is made," and the loan in this case appears to have no fixed time limit at the time of the loan, and therefore, the defendant is subject to the claim for performance.