1. The defendant shall pay 59,500,000 won to the plaintiff and 20% per annum from August 21, 2013 to the day of complete payment.

Basic Facts

C from May 11, 2009 to June 23, 2009, deposited KRW 59,500,000 in total eight times with the Agricultural Cooperative Account in the name of the Defendant (Account Number D; hereinafter “instant Account”).

C around August 1, 2013, around August 1, 2013, transferred its claims against the Defendant to the Plaintiff, and notified the Defendant of the said assignment of claims on August 9, 2013.

[Ground of recognition] The plaintiff asserts that the amount deposited in the account of this case is loaned by C, while the defendant did not borrow the above money from C, and merely lent the passbook in the name of the defendant to E, a construction business operator, and used the passbook for private purposes other than construction cost upon deposit of E money. Thus, there is no debt against C.

Judgment

Therefore, as to whether the money deposited into the instant account constitutes a loan, there is no dispute between the parties, or by the overall purport of Gap's statement Nos. 1, 3, 4, and Eul's statement Nos. 1, 2, and 1 (including the serial number) and the entire purport of oral argument, i.e., according to the contract of new construction works concluded by the defendant, the construction business operator is F, May 11, 2009, May 13, 2009, and June 4, 2009, from the money deposited into the instant account to the instant account to KRW 24 million (including KRW 5 million on May 11, 2009, KRW 9 million on May 13, 2009, KRW 100,000 on June 14, 2009, and KRW 5 million on June 5, 2009).