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1. The Defendant: (a) KRW 31,300,000 for the Plaintiff and 5% per annum from May 23, 2014 to April 10, 2015.
Reasons
1. As to the cause of claim
A. (1) The non-party C wired the principal and interest of a loan to his/her account under the name of the Defendant at KRW 3 million on or before December 6, 2012, KRW 1 million on or before December 17, 2012, KRW 6 million on or before December 18, 2012, KRW 5 million on or before December 20, 2012, KRW 5 million on or before December 21, 2012, KRW 6.3 million on or before December 22, 2012, KRW 6.3 million on or before December 26, 2012, KRW 200,000 on or after December 26, 2012, KRW 100,000 on or around December 27, 2012, KRW 13 million on or around 13 million on the loan, respectively.
(B) C lent 2.5 million won to the Defendant in relation to “the Defendant’s male-friendly attorney fee” at the “D Lawyer’s office located in front of the Busan District Court’s branch branch support.”
(C) On September 6, 2013, C designated and transferred “the principal and interest on a loan of 65.1 million won and interest on a loan that C has not been lent to the Defendant by the Defendant” to the Plaintiff as the object of transfer.
(hereinafter) (D) around July 24, 2014, C notified the Defendant of the assignment of the above assignment of claims, and the Defendant was notified of the said assignment of claims on July 28, 2014.
[Reasons for Recognition] In the absence of dispute, each entry of Gap 1 through 3, and 6 through 8, each entry of Gap 10-3 through 5, part of Gap 10-5, Eul's witness's testimony, part of the defendant's personal examination result, the whole purport of oral argument against the defendant, and the whole purport of the oral argument (2). However, the defendant is obligated to pay to one party C the principal and interest of the above loan amounting to KRW 42.3 million (=39.8 million won).
However, the Plaintiff acquired the instant loan from C with the assignment of claims, including the loan principal and interest, and the Defendant was notified of the said transfer of claims by C.
The defendant is obligated to pay the plaintiff the principal and interest equivalent to the above loan, unless there are special circumstances.
B. As to the Plaintiff’s remainder of claims, (1) The Plaintiff’s main assertion C is a violation of the Narcotics Control Act against the Defendant.