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1. The Defendant’s KRW 5,00,000 and its related KRW 20% per annum from August 4, 2015 to September 30, 2015, respectively, to the Plaintiff.
Reasons
1. The Plaintiff, on July 25, 2012, remitted KRW 55,00,000 to the Defendant’s passbook. The Defendant, on the same day, remitted KRW 50,000,000 to the Defendant’s account; and the remainder of KRW 5,00,000 on September 3, 2012, to the D’s account, may not be disputed between the parties; or may be recognized by the evidence Nos. 1, 2-1, and 2-2.
2. The parties' assertion
A. Since the Defendant asked to repay the amount of KRW 55,00,000 to the Plaintiff’s lending of money, the Defendant is obligated to return the loan to the Plaintiff.
B. From the end of July 2012, the Plaintiff asked the Defendant to pay KRW 60,00,000 to the Defendant plus interest of KRW 55,000,000,000 upon the loan of KRW 55,000,000. The Defendant, instead of the Defendant, requested the Defendant to confirm whether to pay interest of KRW 55,00,000 on behalf of the Defendant, and the Defendant received KRW 55,000,000 from the Plaintiff, and then remitted KRW 50,000 to the C account upon the request of the Plaintiff, and transferred KRW 50,000,000 to the E-type D account.
The plaintiff also filed a lawsuit against E seeking payment of the above amount.
Therefore, the defendant merely delivers the above money upon the request from the plaintiff to E, and does not borrow money from the plaintiff.
3. Determination
A. In light of the following circumstances, the Plaintiff may recognize the fact that he/she lent the above money to the Defendant.
① As seen earlier, the Plaintiff transferred KRW 55,000,000 to the Defendant’s account, not to the E account.
② The Defendant asserts that the Plaintiff received the demand from E for a loan from E and transferred the interest from E to the Defendant’s account in order to secure the payment of the interest from E. However, according to the evidence of evidence No. 6, the Plaintiff was not obligated to transfer the amount of KRW 27 million to E-type D’s account before and after July 25, 2012. In light of the fact that there was a transfer of KRW 27 million to E-type D’s account, KRW 100 million, KRW 1520,000, the Plaintiff was already in a transaction with E, and thus, there was a transaction between E.