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1. The Defendants shall jointly and severally serve as KRW 28,190,000 on the Plaintiff and as a result, from August 17, 2015 to September 30, 2015.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion, at the request of the Defendants, lent money to the account in the name of another person requested by the Defendant B or the Defendants, as stated in the separate sheet “loan” column, and the Defendants have repaid the loan through the Defendant B or another person’s account as stated in the separate sheet “Repayment” column.
However, the Defendants paid only KRW 101,460,00 out of the total amount of KRW 129,650,000,000, and the Defendants shall jointly and severally pay the remainder of KRW 28,190,000 and delay damages to the Plaintiff.
B. A person who received money from the Plaintiff’s assertion by the Defendants is not Defendant B but Defendant C, and Defendant C was unable to engage in bank transactions with bad credit holders, and thus, Defendant C was engaged in financial transactions with the Plaintiff using the account of Defendant B, D, E, F, and G.
In addition, the money paid by the Plaintiff to Defendant C is not a loan, but a de facto investment, and Defendant C paid KRW 27,910,000 to the money received from the Plaintiff, thereby repaying all obligations to the Plaintiff.
2. Determination
A. According to the evidence No. 1-1 of the judgment on the cause of claim No. 1-1, it is recognized that the Plaintiff’s account was deposited from May 23, 2014 to May 1, 2015, such as the details of transaction in the attached Form.
In addition, the following circumstances, which are acknowledged by comprehensively considering Gap evidence Nos. 2 through 6 (including paper numbers), witness H's testimony, i.e., ① informed the account number while demanding the plaintiff to transfer money through a textbook, and the defendant Eul knew the loan for the purpose of raising the money to be repaid. ② Since the defendant C is a person with bad credit standing, it is difficult to view that the plaintiff believed the credit of the defendant C and lent the above large amount of money. ③ The defendants prove that the defendant B is unrelated to the above financial transaction and the above amount of money is an investment.