beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The facts based on which the Plaintiff remitted each of the amounts of KRW 10 million to the account under the name of the Defendant, KRW 18,000,000 on May 8, 2010, KRW 18,000 on June 18, 2010, KRW 40,000 on November 19, 201, KRW 6.20,000 on May 6, 201, and KRW 20,000 on November 21, 2012, may be found either by dispute between the parties or by the statements in the evidence No. 1 and No. 3.
2. Determination as to the cause of claim
A. The plaintiff asserts that he lent a total of KRW 100 million to the defendant.
The defendant asserts that the non-party C borrowed KRW 100 million from the plaintiff, but the defendant merely served as a delivery of the loan and interest between the plaintiff and C.
B. The following circumstances may be acknowledged in light of the following: (a) the Plaintiff’s lending of money does not conflict between the parties; (b) Gap evidence Nos. 1, 2-1, 2-2, 1-1, 2-2, 3-3, and 4; and (c) the purport of the entire statements and arguments as to who is the other party to the lending of money.
① The Plaintiff remitted the above KRW 100 million to the account in the name of the Defendant, and continued to receive interest on KRW 100 million from the Defendant, and there was no fact of remitting or remitting money to C.
② The Plaintiff and the Defendant worked in the same company for several years and had a friendly relationship. On the other hand, the Plaintiff and the Defendant seem to have no friendly relationship with them, and they did not directly meet or contact with them.
The plaintiff urged the defendant to return the above KRW 100 million on several occasions, and it does not seem that the plaintiff directly urged C to return the above amount.
③ In addition to the Plaintiff, the Defendant received money from Nonparty D, E, etc. in the same manner as the instant case, and again remitted the money to C, and paid interest to the said D, E, etc.
④ The Defendant shall transfer the amount similar to that received from the Plaintiff to C, and shall have 3% interest per month from C.