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1. The Defendant shall pay to the Plaintiff KRW 69,00,000 and the interest rate of KRW 12% per annum from October 19, 2019 to the day of full payment.
Reasons
1. According to the evidence No. 1-1 and No. 2-2 of the underlying facts, the fact that: (a) on July 10, 2017, an account in the name of Nonparty C was transferred from the account in the name of the Defendant to the account in the name of the Defendant; and (b) on July 26, 2017, a KRW 35 million was transferred from the Plaintiff’s account in the name of the Defendant to the account in the name of the Defendant.
2. The assertion and judgment
A. The Plaintiff asserts that the Plaintiff is liable to pay the Plaintiff the borrowed money and the delayed payment damages therefrom, as the Plaintiff lent KRW 34 million to the Defendant on July 10, 2017 and KRW 69 million on July 26, 2017 (hereinafter “instant monetary loan”).
In regard to this, the defendant's above loans asserted by the plaintiff are merely personal loans made by D, the representative of the defendant, using the defendant's name, and the defendant, not the party to the loan for cash consumption of this case, has no obligation to pay.
Even if the defendant is a party, he/she is merely obligated to pay the amount transferred by the plaintiff to the defendant in excess of 35 million won.
B. Determination 1) First, in light of the following facts and circumstances, which can be seen as being comprehensively known to the lender of the instant loan for consumption by taking account of the overall purport of pleadings as to the Plaintiff’s mother, namely, C has lent KRW 34 million from C to the Defendant, and C also has submitted a confirmation of the fact that the Plaintiff lent the said KRW 34 million to the Plaintiff who is a son, and C appears to have no relation with the Defendant or the Defendant’s representative, it is reasonable to deem that the Plaintiff lent KRW 34 million from C to the Defendant or D. Thus, it is reasonable to deem that not only KRW 35 million transferred from the Plaintiff’s account under the Plaintiff’s name, but also KRW 34 million transferred from the account under C’s name, and also constitutes D’s loan.