1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Basic Facts

(1) On August 20, 2013, the Plaintiff transferred KRW 10 million from the Plaintiff’s name account to the Defendant’s account, and KRW 20 million from the Plaintiff’s spouse C’s name to the Plaintiff’s account.

(2) The Plaintiff received KRW 30 million from the Defendant each time from January 1, 2014 to June 5, 2017, respectively. (2) The Plaintiff received KRW 450,000 from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, and summary of the purport of the entire pleadings asserted by the parties concerned, the plaintiff asserted that the plaintiff lent to the defendant a loan of KRW 30 million to the defendant at the rate of KRW 4,50,000 per annum (18% per annum). The plaintiff was paid interest from the defendant until April 30, 2017.

Therefore, the Defendant is obligated to pay the Plaintiff the interest and delay damages calculated at the rate of 18% per annum from May 1, 2017 to the date of full payment.

The summary of the Defendant’s assertion was that the Plaintiff lent KRW 30 million to D through the Defendant, and the Defendant also lent KRW 25 million to D, and D lent KRW 55 million to E.

In addition, the defendant received interest of KRW 450,000 per month on KRW 30,000 from D and remitted it to the plaintiff as it is.

Therefore, the defendant cannot respond to the plaintiff's request.

Judgment

In full view of the following facts, which can be recognized by the witness witness D’s testimony and the purport of the entire pleadings, the Plaintiff may recognize the fact that the Plaintiff lent KRW 30 million to the Defendant with interest rate of KRW 450,000 per annum (18% per annum).

The Plaintiff and D did not have any direct contact with the Defendant at the time when the Plaintiff remitted the instant KRW 30 million to the Defendant.

D In the first instance trial, even though the Defendant represented the Defendant’s lawsuit, the Defendant is admissible as evidence a copy of the loan certificate (No. 1) stating that “D borrowed KRW 30 million from the Plaintiff on August 19, 2013 as interest rate of KRW 2% (600,000) per month.”