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The Plaintiff
A. Defendant C: (a) from September 17, 2020 to KRW 27,500,000; (b)
B. Defendant D shall be KRW 27,500,000; and
Reasons
1. Claim against Defendant C and D
A. The part pertaining to the Defendants in the separate sheet of claim is identical to the above Defendants.
(b) Defendant C of the applicable law: Article 208(3)3 of the Civil Procedure Act (judgments by publication service): Article 208(3)2 of the Civil Procedure Act (judgments deemed confessions)
2. Claim against Defendant B (hereinafter referred to as “Defendant”) merely by paragraph (2)
A. The gist of the Plaintiff’s assertion 1) The Plaintiff asserted that the Plaintiff made the Defendant to transfer the amount of KRW 30 million to the Defendant or a person designated by the Defendant as KRW 1,00,000 per month after the maturity of six months, and KRW 30,00,000 per month after the maturity of three months, and KRW 1,000,000 per month after the maturity of three months, and KRW 1,000 per month of interest to the Defendant or a person designated by the Defendant (hereinafter “transfer”) in the order of convenience. The Defendant re-transfered the amount of KRW 1,00 to the Defendant C, and the Defendant re-transfered the amount of KRW 2 to the Defendant.
Therefore, jointly with Defendant C, the Plaintiff is jointly and severally obligated to pay KRW 27.5 million in the remittance balance, and KRW 27.5 million in the remittance balance, jointly and severally with Defendant D.
2) The Defendant’s assertion and the Defendant are relatives, and the transfer was made between Nonparty E and Nonparty E to make an investment in the illegal gambling site that Nonparty E establishes in a foreign country, with the intention to make an investment of KRW 30 million in a group of business (the Defendant also remitted KRW 40 million to E around that time).
(C) Upon the delay in the foregoing partnership, the Plaintiff agreed to lend money to Defendant C and D and re-transfered money to Defendant D pursuant to the above purport. ② Transfer was to resume the said partnership, and the Plaintiff transferred money to E by the Plaintiff. Of which, the Defendant received KRW 10 million from the Plaintiff’s side, the Defendant was paid from the Plaintiff. However, this was made by the so-called “Defendant E” with the aim of returning KRW 10 million, out of KRW 40 million already paid by the Defendant.
Ultimately, the plaintiff asserts between the plaintiff and the defendant.