All appeals filed by the defendant and the provisional payment are dismissed.

Expenses for appeal (the expenses for filing an application for the return of provisional payment).

1. Facts of recognition;

A. The defendant had a relationship with the plaintiff.

As C and elementary school, the Plaintiff and the Defendant have been aware of for a long time.

B. The Plaintiff wired the Defendant’s deposit account of KRW 30 million on November 3, 2008, ② KRW 4.7 million on March 1, 2009, ③ KRW 10 million on June 2, 2009, ④ KRW 10 million on July 6, 2009, ⑤ KRW 64.7 million on September 15, 2009.

2. According to the above facts of determination as to the cause of the claim, the Defendant borrowed KRW 64.7 million from the Plaintiff, which was transferred to the Defendant’s account.

Therefore, it is reasonable to view that the Defendant is obligated to pay to the Plaintiff the amount of KRW 35 million, excluding KRW 29.7 million, among the above KRW 64.7 million, and the amount of KRW 35 million, excluding the amount of KRW 29.7 million, from March 13, 2019 to May 31, 2019; Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings; Article 2(2) of the Addenda to the Regulation on Legal Interest Rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings; Article 3(1) of the former Act on Special Cases Concerning the Interest Rate (Amended by Presidential Decree No. 29768, May 21, 2019); and Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, to the amount of damages calculated by 12% per annum.

3. Judgment on the defendant's assertion

A. The Defendant asserted that, among the 64.7 million won remitted from the Plaintiff, the borrower was not the Defendant, but the Defendant was not obligated to pay KRW 25 million. Thus, according to the evidence No. 1, the Defendant’s assertion that D had no obligation to pay KRW 25 million. Thus, the Defendant’s assertion that D included the Plaintiff in the list of creditors of the case of the Seoul Central District Court 2013 at the end of 2013, the book No. 8726 at the end of 2013, and the list of creditors of the case of the bankruptcy declaration at the end of 2013, but, inasmuch as there is no evidence that D could have known the details of the obligation of the reported Plaintiff, the above facts alone are only 25 million out of the amount remitted by the Defendant from the Plaintiff.