A. On November 28, 2011, the Plaintiff agreed to set interest at 2% per month to lend KRW 270 million to Defendant B, and on the same day, remitted KRW 270 million to Defendant C’s account under the name of the Defendant C. The said Defendant sent KRW 250 million after deducting KRW 15 million from KRW 270 million on the same day. The said Defendant sent KRW 250 million to Defendant B.

B. Since then, Defendant B borrowed KRW 315 million to the Plaintiff on August 31, 2012, and concluded a loan certificate retroactively as of November 28, 201, which was the date of the said transfer (hereinafter “the instant loan certificate”), and from September 2012 to August 2013, Defendant B paid KRW 3150,000,000, equivalent to the said KRW 3150,000,000, total of 12 times (total of KRW 37,80,000).

C. Defendant B newly constructed the Seo-gu Daejeon apartment (hereinafter “instant apartment”) and completed registration of initial ownership on February 22, 2012. D.

Defendant B was prosecuted for the facts charged that “ even if borrowing money from the Plaintiff was unable to have the intent or ability to repay it by the due date, the money was remitted to the Defendant C’s account on November 28, 201 as the borrowed money, and acquired the said money by taking it out from the said Defendant,” and is still pending in the trial.

(The grounds for recognition) / [The Daejeon District Court 2017 Height4578] / [the grounds for recognition] / The entry of Gap 1, 2, 3, and 7 evidence, Eul 1 evidence (including branch numbers; hereinafter the same shall apply), witness E's testimony, significant facts to this court, the purport of the whole pleadings.

2. Judgment on the main claim

A. In light of the record on the above basic facts as to Defendant B, there is no evidence to acknowledge that the Plaintiff had indicated to Defendant B that it was less than the agreed interest or delay damages. Defendant B, prior to August 31, 2012, 300 million won, the sum of the principal and interest on KRW 270 million borrowed from the previous Plaintiff between the Plaintiff and the Plaintiff on or before August 31, 2012.