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1. The Defendant’s KRW 53,794,49 as well as 5% per annum from January 4, 2012 to June 25, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. From December 12, 2008, the Plaintiff, a bond company, lent C money several times to C, and C paid the money to the Plaintiff several times as repayment, and both the Plaintiff and C’s financial transactions were conducted through the Defendant’s account, a son.
B. C signed the 60 million Won, which was operated by four persons, including D, as joint owners, and was planned to escape from the fraternity on April 25, 2011.
C. On September 6, 2010, the Plaintiff, the Defendant, and C agreed to settle an agreement between the Plaintiff and C to pay a claim amounting to KRW 60 million.
In this place, the Defendant prepared a cash custody certificate for KRW 60 million for settlement of accounts (hereinafter “the cash custody certificate of this case”), and the said cash custody certificate states that “The method of payment for the settlement of accounts e, and April 30, 201 shall be at any intervals to A without any condition until April 30, 201.”
Afterward, C repaid the above settlement amount to the Plaintiff several times until January 3, 2012, and as of January 3, 2012, the above settlement amount remains 53,794,49 won.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings
2. Determination
A. The parties’ assertion asserts that the Plaintiff is obligated to pay KRW 53,794,49 in the balance of the settlement amount to the Plaintiff, as the Defendant agreed to pay KRW 60,00,000 by preparing the cash custody certificate of this case on September 6, 2010.
In this regard, the defendant prepared a cash custody certificate of this case in the sense that he would pay 60 million won to the plaintiff on the condition that he would be paid 60 million won from D. Since he did not receive 60 million won from D, he did not have the obligation to pay 60 million won to the plaintiff.
B. The evidence mentioned above and the witness F’s testimony as a whole are acknowledged as a whole as follows.