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1. The Plaintiff:
A. Defendant B shall be annually from February 14, 2015 to the full payment date with respect to eight million won and two million won among them.
Reasons
1. Defendant B
A. The Plaintiff’s assertion that “Around October 6, 201, Defendant B prepared and sent to the Plaintiff a certificate of loan under the name of Defendant C, his/her mother, and borrowed eight million won from the Plaintiff. Upon Defendant B’s request for a loan, the Plaintiff transferred KRW 1 million on February 11, 2013, and KRW 1 million on March 8, 2013 to the head of Tong, who is his/her father’s father’s father’s father. On March 30, 2013, the Plaintiff borrowed KRW 6 million to the Defendant, and received a loan certificate from the Defendant B to repay the said money as of March 30, 2013. Ultimately, the Plaintiff lent KRW 16 million to the Plaintiff.”
B. Defendant B’s assertion that “The obligation of KRW 2 million deposited in the name of Tong E is recognized. The obligation of KRW 8 million borrowed in Defendant C’s name was deducted from the prior interest of KRW 3 million, and the actual loan was made only five million, and thereafter, Defendant B did not have to pay KRW 2 million with F around September 2012. The Plaintiff requested the preparation of a loan certificate of KRW 6 million with respect to the two million around March 30, 2013, and again borrowed the loan certificate of KRW 8 million with the name of Defendant C at the time, and did not recover the loan certificate of KRW 8 million.”
C. If the purport of the entire argument is added to the statement in the evidence No. 1 and No. 2-1 and No. 2, Defendant B prepared and issued a loan certificate of eight million won in the name of the Defendant C to the Plaintiff on October 6, 2011; the Plaintiff deposited KRW 10 million on February 11, 2013 and KRW 1 million on March 8, 2013 to the E account under the name of the Plaintiff at the request of Defendant B; and on March 30, 2013, the Defendant prepared and issued a loan certificate of six million won (payment period) to the Plaintiff on March 30, 2013.
According to these facts, Defendant B, like the Plaintiff’s assertion, did not borrow KRW 16 million from the Plaintiff. However, according to the following circumstances, Defendant B, according to the Supreme Court Decision 2014Ma710 Decided February 10, 2015 (Defendant C’s submitted reference materials).