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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked and above.
Reasons
1. Determination as to the cause of claim
A. According to the evidence No. 1, the fact that the Plaintiff deposited KRW 10,000,000 in a new bank account under the Defendant’s name on June 27, 2014 is recognized.
B. The plaintiff asserts that since the plaintiff lent the above KRW 10,00,000 to the defendant, the defendant is obligated to pay the above KRW 10,000,000 to the plaintiff, the defendant is obligated to pay the above KRW 10,000 to the plaintiff. 2) The defendant received the above KRW 10,000,000 from the plaintiff and received the above KRW 10,000 to the defendant's account, and then again transferred the above KRW 10,000 to the defendant's account. Thus, the defendant asserts that the above KRW 10,00,000 is not the defendant but C.
C. Determination 1) In the event that a borrower of the loan of this case is a defendant or a third party and the amount of loan is transferred to a bank account, barring any special circumstance, the holder of the account shall be deemed the borrower. If the loan agreement was concluded between the plaintiff and C as the defendant's assertion, there is no special circumstance that the plaintiff would have to transfer the above money to D's account via the defendant's account, and there is no circumstance that the plaintiff would have to have been friendly about lending of the above 10 million won without any security. In light of the above, it is reasonable to see that the borrower of the loan of this case was the defendant who was directly paid the above loan from the plaintiff as the other party to the loan of this case. Furthermore, if the loan agreement was concluded between the plaintiff and C as the defendant's assertion, it is reasonable to see that the lender is the principal who was paid the above loan of this case, and the lender is liable for delayed payment from the time when the loan of this case had been returned to the lender within a reasonable period of time.
However, the Plaintiff and the Defendant.