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1. The Defendant’s KRW 37 million to the Plaintiff and the Plaintiff’s 5% per annum from December 16, 2014 to July 22, 2015.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff, at the Defendant’s request on January 5, 2012, transferred KRW 18.5 million to C and lent the said money to the Defendant; the Plaintiff transferred KRW 3 million on February 3, 2012, KRW 3.5 million on April 3, 2012, KRW 3.5 million on April 3, 2012, KRW 3.5 million on May 3, 2012, and KRW 3 million on June 18, 2012, there is no dispute between the parties.
B. 1) The parties’ assertion that the Plaintiff transferred KRW 3 million to the Defendant’s account on March 6, 2012, and KRW 3 million on June 26, 2013, to the Defendant’s account. Accordingly, the Defendant is engaged in the scrap metal business in the name of D, and the Plaintiff is E, but the Plaintiff’s assertion that the amount of the Plaintiff’s assertion was paid to the Defendant (the Defendant claimed that KRW 3 million was transferred to the Defendant’s account on March 6, 2012, and KRW 3 million on June 26, 2012, but in light of the Plaintiff’s evidence No. 2, it appears that the transfer of KRW 3 million on June 26, 2012 to the Defendant’s account.
(2) In light of the following circumstances, the Plaintiff lent money to the Defendant by means of transferring money from one account; the Plaintiff and the Defendant did not seem to have any transactional relationship after 2012; and the time when the Plaintiff transferred money to the Defendant and the time when the Defendant’s assertion was traded differs, the above money transferred by the Plaintiff appears to have been lent to the Defendant; solely on the basis that the Plaintiff transferred money to the Defendant to the Defendant’s account, it is difficult to view it as the payment for the scrap metal; and there is no evidence to acknowledge the Defendant’s assertion.
C. Accordingly, the Defendant’s lawsuit is reasonable to dispute to the Plaintiff as to the existence and scope of the obligation from December 16, 2014 to December 22, 2015, which is the date of the instant judgment, as to the existence and scope of the obligation. 5% per annum as prescribed by the Civil Act, which is the date of the instant judgment.