1. The Defendant shall pay to the Plaintiff KRW 96,00,000 and the interest rate of KRW 15% per annum from June 29, 2016 to the day of complete payment.

1. Facts of recognition;

A. C, the actual manager of the Plaintiff Company, and the Defendant, who had been aware of it before, and around December 2013, the Defendant requested for a monetary loan to C, stating that “A is in the state where the purchase and sale reservation and ownership transfer claim is completed with respect to the building site and housing located in Gangseo-gu Seoul Metropolitan Government E in the name of the Defendant’s mother D (hereinafter “F”) in the name of the Defendant’s mother D, and the house is in the state where the purchase and sale reservation and ownership transfer claim is completed, and the money is necessary to prevent the auction on the F.

B. On February 12, 2014, the Plaintiff transferred KRW 108,00,000 to the Defendant’s parent-friendly D’s account at the Defendant’s request.

(The Plaintiff transferred from the account under the name of the Plaintiff to the account under the name of C, and then transferred again to the account under the name of D).

On February 13, 2014, the first collateral security right of the agricultural cooperative, which was established in F, was cancelled on February 13, 2014, and the compulsory auction procedure, which was in progress, was also revoked, and the ownership transfer registration was completed in D name on November 30, 2015.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 6, 7, 8, and 11, the witness I's testimony, and the purport of the whole pleadings

2. Determination

가. 본안 전 항변 등에 대한 판단 피고는, 원고가 주장하는 위 대여금은 C가 원고의 자금을 횡령하여 피고에게 지급한 것이고 피고는 원고와 사이에 아무런 거래관계도 없으므로 원고는 당사자�격이 없거나 피고를 상대로 이행을 구할 수 없다는 취지로 주장한다.

In a lawsuit seeking the performance of monetary claim, as well as the standing to sue who asserts as a monetary creditor in the lawsuit, and even if C, the actual operator of the plaintiff, was in contact with the defendant, as long as money was paid on the plaintiff's account, as long as money was paid on the plaintiff's account, the creditor of the loan shall be deemed the plaintiff, and the above money deposited by the plaintiff shall be deemed to be the plaintiff.