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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. Upon Defendant B’s request, the Plaintiff transferred KRW 6 million to Defendant B’s financial account in the name of Defendant B.
B. Upon Defendant A’s request, the Plaintiff remitted KRW 13 million to the financial account in the name of C on April 28, 2014.
[Grounds for recognition] The items of evidence Nos. 1 to 4, and the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, it is reasonable to view that the Defendants lent the above money from the Plaintiff.
Therefore, Defendant A is obligated to pay to the Plaintiff the amount calculated by the rate of 15% per annum from September 1, 2015 to the day of full payment, which is the date of final delivery of a copy of the complaint of this case filed by the Plaintiff with respect to each of the above amounts, including KRW 13 million, KRW 6 million, and KRW 15 million.
B. The Defendants asserted that the above money is loaned to cover the operating fund of the corporation D, which Defendant A serves as the representative director, and the obligor of the above loan is not the Defendants but the above company.
However, inasmuch as the Plaintiff remitted the said money at the request of the Defendants to the Defendants’ name account or to the account designated by the Defendants, it is reasonable to deem that the agreement was concluded between the Plaintiff and the Defendants.
Even if the Defendants used the above money as the operating fund of the above company after receiving the above money, such circumstance alone does not necessarily mean that the above company, not the Defendants, is a party to the lending agreement, and otherwise, it is insufficient to recognize the Defendants’ assertion.
The above assertion by the Defendants is without merit.
3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendants' appeal is dismissed as it is without merit. It is so decided as per Disposition.