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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. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings and the purport of the order to submit financial transaction information to the Director of the Han Bank Business Support Center of Han Bank Co., Ltd.:
From August 18, 2014 to August 27, 2014, the Defendant transferred KRW 8,610,000, respectively, to the savings account opened in Han Bank under the name of the Plaintiff (hereinafter “instant savings account”).
B. On May 29, 2015, the Defendant filed an application against the Plaintiff for a payment order of KRW 8,550,000 with Suwon District Court Branch Branch Branch 2015 tea2048, and the said court on June 22, 2015, the said court rendered a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 8,550,000 and the amount calculated at the rate of KRW 20% per annum from the day following the delivery date of the original copy of the instant payment order to the day of complete payment,” and thereafter, the instant payment order became final and conclusive on July 23, 2015.
2. The parties' assertion and judgment
A. The summary of the party's assertion 1) It was true that the Defendant transferred KRW 8,50,000 of the Defendant's assertion to the instant deposit account in the Plaintiff's name. However, although C merely borrowed money from the Defendant using the instant deposit account, the Plaintiff did not borrow KRW 8,550,000 from the Defendant, and the Plaintiff requested the Defendant to lend money to the Defendant in the name of the joint business entity under the name of the Plaintiff's name, the Defendant lent the above money to the Plaintiff by transferring KRW 8,550,000 to the instant deposit account in the Plaintiff's name, the Plaintiff is obligated to pay KRW 8,550,000,000 to the Defendant, even if the Defendant did not lend KRW 8,550,000 to the Plaintiff by account transfer.