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1. The Defendant amounting to KRW 18 million to the Plaintiff and the Plaintiff’s annual rate of 6% from June 15, 2016 to July 6, 2017.
Reasons
1. Summary of the parties' assertion
A. Upon receipt of a request from the Defendant, who became aware of the introduction of the Plaintiff C, to lend money to the Defendant for the execution of telecommunications construction works under a subcontract, the Plaintiff leased KRW 23 million to the Defendant, which was the sum of KRW 8 million on June 16, 2010, KRW 5 million on June 16, 2010, KRW 5 million on the end of June 2010, KRW 5 million on the first patroler on July 2010, and KRW 5 million on the first patrolman on July 2010, and KRW 23 million on the first patroler on July 2010, the Defendant is obligated to pay that money to the Plaintiff.
B. The Defendant did not borrow money from the Plaintiff and did not know the Plaintiff.
Even if it is not so, each loan claimed by the Plaintiff constitutes illegal consideration because all of the loans are lent as gambling funds.
In addition, if a loan is not a gambling fund but a business fund, the period of extinctive prescription is five years for each loan claim claimed by the plaintiff, and the prescription period has expired after the lapse of five years from the date of each loan.
2. Determination
A. (1) The following facts are acknowledged in light of each description of Gap's evidence Nos. 1, 2, and 11 (the defendant alleged that "A" was arbitrarily added and altered by the plaintiff, but there is no evidence to acknowledge it, and the above assertion is not acceptable) and the witness's testimony as a whole.
(A) On June 16, 2010, the Plaintiff, via C, lent 8 million won to the Defendant (hereinafter “one-way loan”) on the due date set on October 30, 2010, and received a loan certificate (Evidence A1) from the Defendant.
(B) Nevertheless, the Plaintiff, via C, lent to the Defendant KRW 5 million around June 2010 (hereinafter “second loan”), KRW 5 million around the end of the pertinent year, KRW 5 million in early July 2010 (hereinafter “third loan”), and KRW 5 million in police officers around July 2010 (hereinafter “fourth loan”).
(2) According to the above facts of recognition, the defendant.