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1. Defendant C’s KRW 49,000,000 and KRW 26,00,000 among the Plaintiff, respectively, shall be KRW 23,00,000 from November 11, 2012.
Reasons
The Plaintiff asserted that Defendant B’s claim against Defendant B was paid KRW 27,50,000,000,000,000 for a loan of KRW 30,000,000 to Defendant B, and agreed to receive KRW 10,000,000 over three occasions on October 14, 2012, and December 14, 2012. Defendant B received only KRW 10,000,000 on October 14, 2012. Therefore, Defendant B is obligated to pay the remainder of the loan of KRW 20,000 to the Plaintiff and the interest for delay.
As to this, Defendant B introduced Defendant C to the Plaintiff while investing several times in Defendant C who had engaged in a multi-level financial business, and the Plaintiff sent money to Defendant C to the Defendant’s account in order to invest in Defendant C, only delivered it to Defendant C, and the Plaintiff did not borrow money from the Plaintiff.
Judgment
According to the evidence No. 2 and evidence No. 8-1, it is recognized that the Plaintiff paid the Plaintiff’s total of KRW 27.5 million on September 14, 2012 and KRW 27.5 million on September 17, 2012 (hereinafter “instant payment”).
However, in full view of the contents of evidence Nos. 3, 8-2, 1, 2-1, 2-2, 2-1 or 11, 3, and 4, the following facts are also acknowledged in light of the overall purport of the pleadings.
① In addition to the instant payment, the Plaintiff sent KRW 98,00 on September 3, 2012 to the said Nonghyup account of Defendant B, and KRW 9,000,000 on the same day transferred to the account in the name of Defendant C’s children in military service, and the Plaintiff sent KRW 8,000,000 on September 11, 2012 to E’s account.
② Of the instant payments, KRW 16.7 million out of 17.5 million on September 14, 2012 was transferred to E’s account on the day, and KRW 9.25 million out of KRW 10 million on September 17, 2012 to E’s account on the day.
③ Of the loans, KRW 10 million was transferred from the account in the name of Defendant C to the Plaintiff’s account in the name of F used by the Plaintiff.
④ Defendant B’s loan 12 million won from Defendant C on August 22, 2011.