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1. The Defendant’s KRW 13,210,00 for the Plaintiff and KRW 5% per annum from June 11, 2016 to November 13, 2019.
Reasons
1. The parties' assertion
A. (1) The Plaintiff’s assertion (1) began to lend KRW 84,516,750,000,000 to the Defendant on June 17, 2015, as indicated in the separate sheet (hereinafter “attached sheet”) and lent KRW 32,816,750,000 to May 20, 2016. Accordingly, the Plaintiff was not paid the remainder of KRW 52,816,750,00.
The plaintiff seeks payment of KRW 49 million, which is a part of the plaintiff.
(2) The attached details include not only the Defendant’s nominal account but also the details remitted to C’s nominal account. The Defendant, upon its own needs, was transferred to the Defendant’s nominal account or C’s nominal account, and remitted from the Defendant’s nominal account or C’s nominal account. As such, all of the transaction details are transaction details with the Plaintiff and the Defendant.
Attached Form
Of the details, the amount transferred from the Plaintiff’s corporate bank D account (No. 1-1, hereinafter “Plaintiff 1 account”) is the amount loaned under the name of the Defendant’s living expenses, expenses for the fulfillment of the contract, etc.
Meanwhile, the money remitted from the Plaintiff’s corporate bank F account (E) (hereinafter “Plaintiff 2 account”) is the money remitted from “E” operated by the Plaintiff to Defendant or C as a salary. In fact, the money is the money that the Defendant or C, who does not have any income, has transferred to the Defendant or C as a false salary so that he/she can obtain a credit card.
B. The Defendant’s assertion (1) is that the Plaintiff’s transfer of the attached details to C’s account or the transfer of the attached details to C is a transaction between the Plaintiff and C, and there is no relation with the Defendant.
(2) The money remitted to the Defendant from Plaintiff 2’s account is the money remitted to the Defendant to make a credit card issuance result. If the Defendant pays the money in the name of the Plaintiff to the Plaintiff, it refers to the money remitted to the Defendant as if the Plaintiff pays the money again to the Defendant.
Therefore, all of the said money is paid by the Plaintiff first by means of cash transfer or account transfer from the Defendant.