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1. The Defendant’s KRW 43,780,00 for the Plaintiff and the Plaintiff’s 20% per annum from August 30, 2014 to September 30, 2015, and the following.
Reasons
1. According to the statements in Gap evidence No. 1-1, 2, 3, 5, and 23, it is recognized that the plaintiff transferred total of KRW 43,780,000 to the defendant's account as shown in the following table.
Serial 16. 16. 16. 1, 200 . 1,00 ; 20. 1,200 ; 3,00 ; 1,200 ; 3,00 ; 4,00 ; 5,00 ; 1,00 ; 3,00 ; 1,000 ; 1,000 ; 1,00 6. 3,00 ; 1,00 ; 1,00 ; 1,00 ; 1,00 ; 1,00 ; 1,00 ; 1,00 ; 1,00 ; 1,00 ; 1,00 ; 1,00 ; 2,00 ; 3,00 ; 1,000 ; 2,00 ; 1,01,00 ;
2. The parties' assertion
A. The plaintiff asserts that the plaintiff lent KRW 43,780,00 to the defendant by transferring money to the defendant's account as stated in the basic facts.
B. The defendant's assertion that all or part of the above 43,780,000 won is merely a loan to C and by means of the defendant's account, the above 43,780,000 won is not the defendant but C.
3. Determination
A. The following circumstances are: (a) the borrower: (i) the Plaintiff was introduced by the Defendant, but the Plaintiff was not directly requested to lend money; (ii) the Plaintiff did not accurately know the name of C; (iii) the Plaintiff remitted money to each Defendant’s account without directly remitting money to the account designated by C or C; (b) the Plaintiff requested the Defendant to lend money; (iii) although the Plaintiff requested the Defendant to lend money, the Plaintiff did not request the lending of money; and (iv) the Plaintiff did not request the lending of money to the Defendant; and (v) the Plaintiff requested the lending of money to the Defendant; and (v) the prosecution’s relevant investigation was conducted.