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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The decision of the court of first instance is in accordance with paragraph 1.
Reasons
1. Judgment on the ground of the plaintiff's claim
A. The parties' assertion (1) The plaintiff at first instance lent to the defendant the amount of KRW 400,00,000 per month on April 19, 2010, the interest rate of KRW 400,000 per month on April 19, 2010, and KRW 20,000 per month on the 20th day of each month. ② Additional KRW 10,000,000 per month on August 9, 2010, the interest rate of KRW 550,00 per month on the 25th day of each month; ③ Additional KRW 10,000,000 on November 25, 2010, interest rate of KRW 80,000 per month on the 12th day of each month, and the interest rate of KRW 30,000 on May 6, 201, the defendant was obligated to lend the amount of interest to the plaintiff with a total of KRW 10,700.7.
(2) The Defendant did not enter into a monetary loan agreement with the Plaintiff. The Defendant merely received the Plaintiff’s funds upon the Plaintiff’s request and transferred it to D, and thereafter received the Plaintiff’s share interest from D and delivered it to the Plaintiff several times. The Plaintiff also knew that the person who actually paid interest and returned the loan was D, and thus, cannot respond to the Plaintiff’s claim in this case.
B. (1) The facts that the Plaintiff remitted KRW 70,00,000 to the Defendant are without dispute between the parties, and considering the overall purport of the pleadings as to Gap evidence Nos. 1, 2, 5, and Eul evidence Nos. 1, 2, and 2 (including the branch number) and Eul’s testimony from the witness of the trial party C, the Defendant entered the Plaintiff’s account in the statement of KRW 70,000,000, which was deposited from the Plaintiff’s account, and the Defendant transferred money directly to the Plaintiff as interest from May 20, 2010 to July 20, 2010, and later sent money equivalent to the interest accrued from D to C, and thereafter, C or its husband remitted money equivalent to the Plaintiff’s share of interest to the Plaintiff or its mother, as well as the Defendant’s son himself.