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1. As to the Plaintiff KRW 53,800,000 and KRW 35,000 among them, the Defendant shall pay to the Plaintiff KRW 18,80,000,000.
Reasons
1. In full view of the facts in dispute between the parties to the facts of recognition, Gap evidence Nos. 1 to 3 (including additional numbers), and Eul evidence No. 2, the following facts are recognized:
A. From March 2, 2005 to March 29, 2007, the Defendant borrowed KRW 44,000,000 on several occasions from C, and repaid KRW 31,20,000 to November 13, 208.
B. On June 15, 2009, the Defendant signed and sealed KRW 20,000,000 per day to C (hereinafter “the first certificate”) and the second certificate of borrowing “the first certificate of borrowing KRW 35,000,000 per day and delegating it to notarial document” (hereinafter “the second certificate”).
Then, preparing the second card, the letter of delegation was also drawn up on June 15, 2009, the date of issuance, and December 30, 2009 for the preparation of the authentic deed of a promissory note dated 35,000,000 won at face value, and the date of payment.
C. On September 15, 2014, C transferred KRW 55,000,00 based on the claim Nos. 1 and 2 of the above to the Plaintiff, and notified the Defendant of the assignment of the claim on September 15, 2014, and the notification reached the Plaintiff on September 16, 2014.
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) C, from around 2005, lent a total of KRW 44,000,000 to the Defendant on several occasions, 2% of interest per month. However, the Defendant repaid only KRW 31,20,000 until November 13, 2008.
(2) On June 15, 2009, C settled the principal and interest that had not been paid with respect to the instant monetary transaction with the Defendant at KRW 20,000,000, and received the first proof from the Defendant.
B) Unlike the instant monetary transaction, C lent KRW 35,00,000 to the Defendant, separately from the instant monetary transaction, and the Defendant did not complete payment and agreed to receive the said KRW 35,000,000 with the Defendant on June 15, 2009, and received the second admission from the Defendant until December 30, 2009. Therefore, the Defendant received KRW 55,000,000 from the Plaintiff, the transferee of the claim based on the first and second admission.