1. The defendant shall pay to the plaintiff KRW 50,00,000 as well as KRW 30,000 among them, from December 5, 2012 to the day of full payment.

1. The defendant's judgment on the main defense of this case is not the defendant but C, so the lawsuit of this case seeking the payment of the above money against the defendant is an unlawful lawsuit against the non-qualified person. However, in the performance lawsuit, the person alleged by the plaintiff as the performance obligor has the standing to be the defendant. Thus, the defendant's defense is without merit.

2. Judgment on the merits

A. The facts of recognition are (1) The plaintiff and the defendant are a senior-friendly relationship, and the defendant is a simple friendship relationship with C.

C is under the influence of Seongdong-gu on November 10, 2015.

(2) On September 5, 2012, the Plaintiff remitted KRW 30,000,000 to the Defendant’s national bank account, and the Defendant wired KRW 30,000,000 to D’s account designated by C on the same day.

On November 5, 2012, 2012, December 5, 2012, and January 10, 2013, the Defendant remitted each KRW 600,000 to the Plaintiff’s Daegu Bank Account.

(3) On November 27, 2012, the Plaintiff transferred KRW 20,000,000 to the Defendant’s national bank account, and the Defendant transferred KRW 20,000,000 to E’s account designated by C on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including provisional number), Eul evidence 2, the purport of the whole pleadings

B. In full view of the following circumstances revealed by the above facts of recognition, namely, that the Defendant paid the Plaintiff the interest of KRW 30 million (two percent per month) on three occasions, and the Plaintiff’s lending relationship between the Plaintiff and C, the Plaintiff transferred to the Defendant’s account even if it could have been directly transferred to D or E’s account designated by C, and the Plaintiff and the Defendant’s relationship between the Defendant and C, etc., on September 5, 2012, the Plaintiff determined and lent KRW 30 million to the Defendant as interest rate of KRW 20 million on September 5, 2012, and on November 27, 2012, the Plaintiff lent KRW 20 million to the Defendant.

(A) The Plaintiff asserted 1.5% interest rate of KRW 20,000,000 per month, but there is no evidence to acknowledge it). Therefore, the Defendant’s payment of KRW 50,000 and KRW 30,000 among them to the Plaintiff on December 5, 2012 from September 5, 2012.