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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On October 10, 2012, the Plaintiff transferred KRW 50,000,00 to the account of Nonparty C in the name of the Defendant.
B. After that, the Plaintiff received money from C and the Defendant, etc. to the Plaintiff’s account.
3. 0. 16. C 40. 10. 10. 10. 20, 200. 10. 20. 10, 200, 30. 40. 14. “40, 000. 10. 40. 10. 10, 200, 10. 40. 20. 14. 10. 10, 200, 30. 40. 10, 10. 20, 203. 10, 10. 40, 10. 20, 10. 30, 10. 40, 10. 20, 10. 20, 200, 10. 12. 40, 200, 205
2. Determination as to the cause of action
A. The summary of the parties’ assertion (1) The Plaintiff: (a) received the Defendant’s request that the Plaintiff borrow money from the Defendant that the Plaintiff would pay interest equivalent to KRW 400,000 per share on October 10, 2012; and (b) remitted KRW 50,000,000 to the account of C in the name of the Defendant.
Afterwards, the Defendant received interest equivalent to KRW 400,000 in the name of C, etc., and the Defendant received a total of KRW 35,00,000,000 ( KRW 10,000,000 on November 20, 2013) as principal and interest ( KRW 5,000,000 on October 30, 2014) from the Defendant, and thus, the Defendant is obligated to pay the Plaintiff the remainder of the loan amount of KRW 15,00,000 ( KRW 50,000,000 - KRW 35,000,000) and damages for delay.
(2) The gist of the Defendant’s assertion is C to borrow KRW 50,000,00 from the Plaintiff around October 10, 2012, and the Defendant merely introduced C to the Plaintiff.
Accordingly, the interest of KRW 400,000 for each share of KRW 50,000 shall also be paid in the name of Section C, etc.