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1. As to the Plaintiff KRW 73,00,000 and KRW 25,000 among them, the Defendant shall pay to the Plaintiff KRW 73,00,000 from May 19, 201, and KRW 15,00,00.
Reasons
1. Basic facts
A. The plaintiff and the defendant are middle school Dongs.
B. From the KMA account in the name of C, the amount of KRW 25 million was transferred from May 19, 201, KRW 15 million on July 8, 201, KRW 13 million on March 20, 201, KRW 13 million on the account in the name of C, and KRW 20 million on November 7, 2012 from the KB National Bank account in the name of C to each Defendant’s name bank (Account Number D).
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including each number, hereinafter the same shall apply) and the purport of the whole pleading
2. The assertion and judgment
A. The parties’ assertion asserts that the Plaintiff lent KRW 73 million to C in total to the Defendant by having C transfer the money of KRW 300 million to the Defendant’s account directly, and that the Defendant was entitled to receive interest of KRW 12% per annum from the Defendant.
In this regard, the defendant asserts that the plaintiff does not have to lend the above money to the restaurant business prepared by the defendant, but has no obligation to complete the above business since he failed to do so.
B. We examine whether the amount remitted from the judgment C’s account to the Defendant account is impossible to recover as the Plaintiff lent the money to the Defendant.
In the following circumstances, Gap evidence Nos. 3, 4, 6, 8, Eul evidence Nos. 1, 2, and 5, each evidence Nos. 1, 2, and 5, and each testimony of witness E and F, the defendant asserted to the effect that "the number of accounts is not indicated in the evidence submitted by the plaintiff, which is not the defendant's name, but the plaintiff paid money to the defendant" in the written response that "the plaintiff submitted evidence Nos. 3-1 through 3-4 (transaction statement) and "the plaintiff believed that he will trust the defendant with no interest income because he has deposited money with the bank," and that "the defendant will invest all funds necessary for the restaurant business prepared by the defendant."