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.

1. The parties' assertion

A. On December 10, 2010, the Plaintiff lent KRW 20 million to the Defendant. As such, the Defendant should pay the Plaintiff interest in arrears at KRW 20 million.

B. The plaintiff did not lend the above money to the defendant C or did not lend it to the defendant.

2. The fact that the Plaintiff transferred KRW 20 million to the account held in the name of the Defendant on December 10, 2010 upon the Defendant’s request by the Defendant’s mother C, which was introduced by D, is no dispute between the parties.

Generally, who is a party to a contract falls under the question of the interpretation of the intent of the party involved in the contract. The interpretation of an expression of intent clearly establishes the objective meaning that the party gave to the expression of intent, and in the event that a written document is made between the parties to a contract, which is a disposal document, it shall not be bound to the phrase used in the document, but it shall be reasonably interpreted from the objective meaning that the party gives to the expression of intent according to the contents

In addition, with respect to who is the party to the contract from among the actors who enter into the contract, if the intent of the actor and the other party coincide, the parties to the contract shall be determined as the party to the contract in accordance with the consent of the actor and the other party. If the other party does not coincide with the intent of the actor and the other party, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract, etc., if a reasonable person is the party

In other words, the defendant may lend money to those including the defendant's mother C before the plaintiff transfers the above money to the plaintiff.