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1. The defendant shall pay to the plaintiff KRW 170,00,000 and KRW 100,000 among them, from January 1, 2014 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff, around October 201, remitted KRW 30 million to the account of C, an ASEAN, and C, on the same day, remitted KRW 25 million to the Defendant on the same day.
B. On June 14, 2012, the Plaintiff remitted KRW 75 million to the account of C, and C wired KRW 75 million to the Defendant on the same day.
C. On January 1, 2013, the Plaintiff received a check of cash rent and a note of payment from the Defendant, and remitted KRW 70 million to the Defendant.
C On July 13, 2017, on the part of the Plaintiff, the loan claim amounting to KRW 170 million against the Defendant was transferred by a certificate with a fixed date.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 16 (including branch numbers, if any) and the purport of the whole pleadings
2. Summary of the parties' arguments
A. Plaintiff 1) made a loan to the Defendant via C by setting the interest rate of KRW 25 million on October 21, 201, as interest rate of KRW 25 million. ② A loan by setting the interest rate of KRW 2% on June 14, 2012. ③ A loan by setting the interest rate of KRW 75 million on January 1, 2013 as KRW 1.5% on the above: (1); (2) the Plaintiff paid only interest for KRW 10 million until the end of December 2013; and (3) the Plaintiff paid only interest for KRW 70 million on the above loan and KRW 70 million until the end of April 2014; and (2) the Defendant is obligated to pay each of the above loans and interest after each of the above loans and each of the payment dates to the Plaintiff, and thus, the Defendant is obligated to pay each of the loans to the Plaintiff to the Plaintiff.
B. Defendant 1 merely borrowed 2.5 million won from C around October 201, and did not borrow the said money from the Plaintiff, and Defendant 1 transferred money to the Defendant’s account in the course of performing credit business by using the Defendant’s account and the customer list with C around June 2012.