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1. The Defendant’s KRW 21,100,000 as well as 5% per annum from October 31, 2013 to October 10, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. Nonparty C remitted KRW 20,00,000 on June 16, 200 from the account under the name of the husband to the Defendant’s account, and KRW 2,00,000 on September 28, 2009, KRW 3,000,000 on April 21, 2010, KRW 5,000,000 on April 30, 2010, and KRW 2,000,00 on May 28, 2010, and KRW 3,60,000,00 on November 11, 2010 to the Defendant’s account (hereinafter “the money”). Nonparty C remitted KRW 210,000 on March 5, 2010 to the Defendant’s account.
B. On October 16, 2013, C entered into an agreement between the Plaintiff and C on the transfer and takeover of claims regarding all of the loans owed by C against the Defendant, and notified the Defendant of the content certification on October 16, 2013. The above notification reached the Defendant around that time.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, and 3-1, 2-2, and the purport of the whole pleadings
2. The gist of the party's assertion argues that C is the money that C transferred to the Defendant from its own name account or D name account, and C is the money that C lent to the Defendant, and that C transferred the above loan claim against the Defendant to the Plaintiff, the Defendant is obligated to pay the above transfer money to the Plaintiff.
In regard to this, the Defendant asserts that the money transferred by C as above is not a loan, but a money transferred to E to operate illegal credit business with the Defendant’s husband, E, and the Defendant did not comply with the Plaintiff’s claim as it opened only the account under his name with E.
3. As to the nature of the instant money remitted to the Defendant by the judgment C, the following circumstances acknowledged by the purport of the statement and the entire argument as stated in Nos. 4-1, 2, and 5, namely, C did not separately prepare a loan certificate at the time of remitting the instant money to the Defendant. However, C and the Defendant transferred the money to the bank account in cases where a loan for consumption was made between the Defendant and the Defendant, which is a friendly relationship between the Defendant and C.