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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, the part of the claim amounting to KRW 320,000 shall be dismissed.
(b).
Reasons
1. Facts of recognition;
A. On August 16, 2012, the Plaintiff remitted KRW 51,000,000 to the National Bank Account in the name of the Defendant, which was designated by C. Upon C’s request, the Defendant transferred KRW 5,000,000 to the E’s account in the name of E on August 16, 2012, KRW 2,750,000 to the F’s account in the name of F, and KRW 7,251,256 to the C’s account in the name of C on August 17, 2012.
B. C only intended to provide a debt of KRW 37,00,000 and a debt of KRW 50,000 to the other creditors of C, and the Defendant did not receive a loan of KRW 50,000 from the second financial right. If the Defendant borrowed KRW 51,00,000 to the Defendant, the Defendant did not wish to repay the loan to the Plaintiff by borrowing money from the first financial right, and the Defendant did not have any intent or ability to repay the loan in accordance with the terms and conditions as otherwise promised to the Plaintiff. However, the Defendant, a dentist, without good credit, did not have any intention or ability to repay the loan, was granted KRW 50,00,000 from the second financial right and the interest of KRW 1,50,000,000 to the Defendant, and the Defendant would have repaid the loan of KRW 30,000,000 to the Defendant, and the Defendant was granted a false loan of KRW 51,00,000 from the Defendant’s deposit account in the name of KRW 271,500.7.
C appealed against the above judgment and filed an appeal, and the appellate court rendered a judgment dismissing C’s appeal on November 28, 2014 in the Ulsan District Court Decision 2014No679, the appellate court rendered a final judgment, and C filed an appeal against it. However, the appellate court rendered a final judgment on February 12, 2015 in the Supreme Court Decision 2014Do17276, which became final and conclusive at that time.
(hereinafter referred to as “related criminal case”). (c)
Meanwhile, the Plaintiff, in collusion with C, acquired KRW 51,00,000 from the Plaintiff as the borrowed money.