1. The Defendant’s KRW 40,000,000 as well as 18% per annum from April 12, 2013 to April 30, 2015 to the Plaintiff.

1. The plaintiff asserts that on May 12, 201, the agreement was set at a rate of 18% per annum (600,000 won per annum) and lent to the defendant as of May 12, 201, while the defendant did not borrow money from the plaintiff, but merely did not allow C to use the defendant's passbook when borrowing the above money from the plaintiff.

2. Determination

A. The Plaintiff, on May 12, 201, remitted 40 million won to the Defendant’s account under the name of the Defendant on May 12, 201, has no dispute. The issue of the instant case is whether the Plaintiff lent the said money to the Defendant or lent it to C by means of using the Defendant’s account.

In full view of the following circumstances, Gap evidence Nos. 3 and 4, which can be acknowledged by comprehensively taking into account the overall purport of the pleadings, namely, ① the agreement was not deposited at the time of institution of KRW 600,000 per month, the plaintiff urged the defendant, not C, and the plaintiff did not directly contact or demand the loan of this case, ② at the time of the telephone call with the defendant, the plaintiff stated that "Ne D D, the money was to be resolved regardless of how the plaintiff believed "Ne D," and the defendant respondeded to "Ie D, I do not know about it," and it is reasonable to deem that the defendant borrowed it by receiving KRW 4 million from the plaintiff.

(A) Even if the Plaintiff was aware of the lending of the said money to C, it is only a way that the Defendant used the borrowed money.

The facts that the agreement rate of KRW 4 million in this case is 18% per annum (60 million per annum) do not conflict between the parties, and the plaintiff was paid interest and delay damages from the defendant until April 11, 2013. The defendant is a copy of the complaint in this case from April 12, 2013 to the plaintiff as the plaintiff seeks.