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1. The Defendant’s KRW 30,000,000 and KRW 10,000,000, out of the above money, shall be the Plaintiff from August 9, 2016 to KRW 20,000.
Reasons
1. Facts of recognition;
A. As to whether the Defendant borrowed KRW 30,000,000 from the Plaintiff on September 8, 2015, or KRW 10,000 on December 1, 2015, or KRW 10,000 on December 1, 2015, or KRW 10,000 on January 4, 2016, constitutes a person who borrowed money from the Plaintiff.
The evidence corresponding to this is written in Gap evidence 1 (the supplementary evidence).
Recognizing the fact that the Defendant issued and delivered the above loan certificate to the Plaintiff, the actual borrower claims that the said loan is the deposit owner of the bank account in which the said loan was deposited. In light of the following facts and circumstances, it is reasonable to regard the Plaintiff as the Defendant, who borrowed KRW 30,000,000 from the Plaintiff, as the preparation of the above loan certificate.
① In other words, the Defendant asserted to the effect that the Plaintiff received 30,000,000 won from the above account from the Plaintiff as a person who received the passbook and the check card of the National Bank D account in the name of C newly opened from C, and then transferred the said money to the other account of C (i.e., the account used by C). If the Defendant was merely merely an intermediary for lending and borrowing of money between C and the Plaintiff, it was immediately remitted to the account used by C, and there is no reason to obtain the Defendant’s account from the Defendant as above.
(2) Even according to the circumstances revealed by the Defendant, the person who requested the Plaintiff to lend money and designated the account to deposit the loan is the Defendant.
In addition, C paid interest to the Defendant, and there was no fact that C paid interest to the Plaintiff.
(A) A person who has paid interest to the plaintiff is the defendant. If the defendant is not a simple intermediary, C does not have any reason to pay interest to the defendant.
③ In light of the above circumstances, it is deemed that the Defendant borrowed money from the Plaintiff and lent the money again to C.