1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On September 26, 2012, the Plaintiff remitted total of KRW 30,000,000 to the account under the name of the Defendant (hereinafter “instant money”).

B. The Defendant remitted the sum of KRW 18,000,000 to C’s account on the same day.

C. On November 13, 2012, the Defendant paid KRW 12,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s instant money was leased to the Defendant, the Defendant is obligated to pay the Plaintiff the unpaid principal of the loan amount of KRW 20,000,000 and delay damages therefor.

B. The Defendant lent only the Defendant’s passbook to C in the course of borrowing the instant money from the Plaintiff.

Of the instant money, KRW 20,000,000 was immediately delivered to C, and the remaining KRW 10,000,000 was requested to C and paid to the Plaintiff on November 13, 2012 after the Defendant used it.

Therefore, since the borrower of the instant money is not the Defendant but C, the Plaintiff’s claim seeking payment is without merit.

3. Determination

A. The key issue of the instant case is whether the borrower of the instant money can be seen as the Defendant.

B. The borrower of the instant money transferred KRW 30,000,000 to the Defendant, not C, for the following reasons: (a) the Defendant received the instant money and immediately withdrawn KRW 3,000,000 to the Defendant and paid KRW 12,00,000 to C for the remainder of KRW 18,000,000; and (b) the Defendant claimed that: (c) the Defendant received the money of this case and immediately withdrawn KRW 3,00,000 from the witness of the Party; and (d) paid KRW 3,00,000 to the Defendant, not C, for the purpose of borrowing KRW 20,000,000.