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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. A. Around January 2016, the Plaintiff engaged in the business of the Defendant and C and D (hereinafter “instant business entity”) and intended to use the Plaintiff’s name account for the instant business entity’s transaction. Around January 2016, the Plaintiff used the Plaintiff’s name E Bank account, the Plaintiff’s name E Bank account, the Plaintiff’s name, and the G Bank account under the Plaintiff’s name.
B. Meanwhile, on June 21, 2016, the Plaintiff wired KRW 14.57 million from the E bank account in the name of “Plaintiff (F)” to the Defendant’s name. On May 15, 2016, the Plaintiff received KRW 10 million from the Defendant to the E bank account in the name of “Plaintiff (D)” and KRW 5 million from the Plaintiff’s G bank account on June 27, 2016, respectively.
【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, and Eul No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) around June 21, 2016, the Plaintiff loaned KRW 15 million to the Defendant at the maturity of August 20, 2016 and at the rate of 17.2% per annum. On the same day, the Plaintiff paid KRW 1,457,00,000 after deducting KRW 15 million per annum x 17.2% per annum x 2 months. However, on June 27, 2016, the Defendant merely repaid only KRW 5 million to the Plaintiff through the Plaintiff’s G bank account, and thus, the Plaintiff is obligated to pay the remainder of KRW 10,000 and delay damages therefrom to the Defendant’s assertion only lent KRW 5 million to the Defendant.
In other words, on May 15, 2016, the Defendant lent KRW 10 million to the Plaintiff on May 15, 2016, and the Plaintiff remitted KRW 14.57 million to the Defendant on June 21, 2016, and the Plaintiff paid KRW 10 million to the Defendant as the repayment for the said loan, and the remainder KRW 4.57 million to the Defendant as the loan payment.
Since the Defendant remitted KRW 5 million to the Plaintiff on June 27, 2016 for repayment of KRW 4,570,000 to the Plaintiff, there is no loan obligations owed by the Defendant against the Plaintiff.
B. The evidence mentioned above and Gap's 3,5, 5.