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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from November 29, 2013 to the day of full payment.
Reasons
1. The fact that the Plaintiff transferred a sum of KRW 100 million to the Defendant’s name account several times from the beginning of 2010 to the end of 2012 does not conflict between the parties.
2. The plaintiff asserts that he lent the above KRW 100 million to the defendant.
The defendant asserts that C borrowed the above money from the plaintiff, but the defendant merely borrowed the money which delivered the loan and interest between the plaintiff and C.
3. In light of the following circumstances, it is reasonable to view that the borrower of the above KRW 100 million transferred to the Defendant by the Plaintiff to the Defendant as follows: (a) there is no dispute between the parties, or considering the overall purport of the pleadings as to who is the Defendant and C; or (b) evidence Nos. 1, 2, and 1 and 3 (including each number), the Plaintiff trusted the Defendant’s financial ability and credit, and lent the above KRW 100 million to the Defendant, not C; and (c) the Defendant borrowed the money necessary for the Defendant’s transactions with C from the Plaintiff.
① Since the above KRW 100 million was remitted to the Defendant’s account under the name of the Defendant, it can be presumed that the above KRW 100 million was leased to the Defendant. Therefore, it is necessary to prove that the Defendant borrowed the above KRW 100 million, and that the Defendant merely delivered the loan and interest between the Plaintiff and C.
② The Plaintiff was aware of the fact that the remitted loan to the Defendant was delivered to C via the Defendant, and the Defendant also did not receive a large amount of money after lending it to C, and it seems that C filed a complaint.
In addition, the plaintiff is not able to submit data to prove that the defendant was able to obtain personal benefits in the course of receiving the remittance of the loan and remitting the interest.
However, in light of the circumstances examined by the following: (3) The other party who lends money to the Plaintiff is C only by the above circumstances cited by the Defendant.