1. Defendant B shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from November 15, 2016 to the date of full payment.

1. Basic facts

A. The Plaintiff is a person engaged in the clothing wholesale business under the trade name of “D” (former trade name “E”), and the Defendants are those engaged in the clothing wholesale business and trade business under the trade name of “F,” and the name of the business operator is Defendant C.

Since 2015, the Plaintiff and the Defendants have continued to engage in transactions such as the processing of clothing.

B. On February 12, 2015, upon Defendant B’s request, the Plaintiff received two copies of the check number I, J, and the check number II (hereinafter “each of the instant checks”) as of June 20, 2015, from Defendant B’s account, from Defendant B’s representative director of G corporation in a transaction relationship with the Defendants, at the respective face value of 25,000,000,000 won for the issuance of Gender Star, and on June 20, 2015 (hereinafter “the instant amount”). On February 13, 2015, the Plaintiff transferred to Defendant B’s account KRW 46,976,00 (hereinafter “the instant amount”).

C. Defendant B remitted KRW 23,00,000 to H on February 16, 2015.

The Plaintiff presented each of the instant checks at the time of payment, but the payment was refused.

[Grounds for Recognition: Evidence Nos. 1 through 7, 9, Evidence Nos. 1 and 2, Evidence Nos. 1 and 2, witness H’s partial testimony, and purport of the whole pleadings]

2. The assertion and judgment

A. The gist of the parties' assertion argues that the plaintiff transferred the money of this case, which was deducted from the interest rate of 1.5% per month, to the defendant B while lending 50,000,000 won with each of the instant checks offered to the defendants as security.

As to this, the Defendants asserted that H was at a discount from the Plaintiff on the introduction of Defendant B, and that the Defendants, in particular, did not borrow money from the Plaintiff, and that the remainder, excluding KRW 23,000,000, out of the instant money, was appropriated for the Defendant B’s claim against H arising from the existing transaction with H.

B. (i) Where a discount on a bill or check is made between individuals who are not financial institutions, its nature.