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1. Defendant C shall pay 70,000,000 won to the Plaintiff and 30% per annum from November 18, 201 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff operating a credit business company D and E, with a view to gaining interest, remitted the instant amount of KRW 86,00,000 (hereinafter referred to as “instant money”) to G or its operator via a deposit account in the name of Defendant B Co., Ltd. (hereinafter “Defendant B”), Defendant C (hereinafter “Defendant B”), which is substantially operated by Defendant C, on March 24, 201, and KRW 15,000,000 on March 30, 201, and KRW 86,00,000,000 (hereinafter “instant money”). The said money was finally transferred to G or its operator, following the Defendant C’s credit business chain Co., Ltd. (hereinafter “F”).
B. At the time of providing the instant money to G, F was prepared by G as a collateral for the refund claim, a notarial deed of a monetary loan contract, a lease deposit refund claim, etc. (hereinafter “instant security document”). At that time, the Plaintiff was granted a pledge on the instant security document against F as a collateral for a claim arising from a continuous transaction with F.
C. Defendant B is an entity that provides a computer service based on Defendant B’s deposit account from the borrower’s deposit account via Defendant B based on the real-time automatic transfer service contract entered into with five commercial banks, and a computer system based on the number of days collection computer systems. A number of loan companies are using the said computer system with intent to make prompt and smooth payment from the lender of the funds. The Plaintiff also received the principal and interest paid by G, the final user of the instant money, from April 201 to October 201.
From November 201, the principal and interest of the instant money were not paid normally from around November 201. The Plaintiff, following the settlement of the principal and interest up to July 25, 2012, paid from Defendant C the amount of KRW 70,000,000, and the date of borrowing.