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1. The Defendant: KRW 30,000,000 for the Plaintiff and KRW 450,000 for each month from May 1, 2014 to October 28, 2014; and
Reasons
Basic Facts
According to Gap's statement, on May 7, 2012, the plaintiff can recognize the fact that he remitted 30 million won to the defendant's account.
According to Gap’s records, the Plaintiff is recognized to have received KRW 450,000 from C Co., Ltd. (hereinafter “C”) on June 7, 2012, and received KRW 450,00 from April 4, 2014 each month.
The plaintiff alleged by the parties that on May 7, 2012, the plaintiff lent interest of KRW 30 million to the defendant, KRW 450,000 per month, and KRW 180,00 per annum and KRW 450,00 per month without due date. The defendant asserts that the defendant is obligated to pay the agreed interest of KRW 30 million and KRW 450,00 per month from May 1, 2014.
In regard to this, the Defendant, upon introduction by the Defendant, lent KRW 30 million to D, which is the operator of C, and KRW 450,000 per month interest to D. Thus, the Plaintiff, not the Defendant, must pay the above KRW 30 million.
Judgment
In full view of the testimony and the purport of the entire argument of the witness E, E between the Plaintiff and the Defendant, the Plaintiff told that “the Plaintiff lent KRW 30 million to the Defendant” from the Plaintiff. In addition, from the Defendant, E can be acknowledged that the Defendant stated that “the Defendant was able to make a false transaction, or made a transaction with D president.”
In addition, according to the witness witness witness D's testimony, D is the representative director of C, and D requested the Defendant to borrow funds due to the difficulty in the financial situation of C around April to May, 2012. Accordingly, D directly requested the Plaintiff to borrow funds, and the Plaintiff remitted KRW 30 million to the Defendant. D used the above KRW 30 million as C's funds. However, D did not directly request the Plaintiff to use the funds in the above loan process, but D did not have any written request for the Plaintiff to use the funds. D remitted KRW 450,00 each month from June 201 to May 2014 to the Plaintiff's account. After this delay, D transferred the funds to the Plaintiff's account, it requested the Plaintiff to understand the delay in interest by directly communicating. Accordingly, the Plaintiff is no more than D.