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1. The defendant shall pay 45,00,000 won to the plaintiff and 20% per annum from June 21, 2013 to the day of complete payment.
Reasons
1. Basic facts
A. On January 25, 201, the Plaintiff transferred KRW 50,000 to the Defendant’s account.
B. On February 1, 2011, the Defendant remitted 100,000,000 won, plus 50,000,000 won, to C the said money.
C. On August 201, 201, C delivered to the Plaintiff the sales contract under the 13th floor of Busan Jin-gu 101, Busan, but it was forged.
C paid KRW 5,00,000 out of the said money to the Plaintiff at early 2012.
E. The Defendant was notarized by C on the loan amount of KRW 300,000,000, including the above KRW 50,000,000.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 4, the purport of the whole pleadings
2. Assertion and determination
A. 1) The Plaintiff’s assertion 1) As the Defendant did not repay the above money after borrowing the loan, the Plaintiff is obligated to pay the Plaintiff the remainder of KRW 45,00,000 calculated by subtracting the Plaintiff’s KRW 5,00,000 from the loan amount of KRW 50,000,000, and damages for delay thereof. 2) The Defendant’s borrowing of money from the Plaintiff’s assertion is C and the Defendant merely delivered the money, and thus, cannot accept the Plaintiff’s claim.
B. The judgment is C using the real money, and the fact that C delivers a contract for sales in order to repay or guarantee part of the money to the Plaintiff is as seen earlier, but the following circumstances revealed by the above fact of recognition, i.e., if the Plaintiff intended to lend money to C, there is no reason to go through the Defendant’s account, and the Defendant included the above money in obtaining notarial deeds as to the money lent to C. In light of the fact that the Defendant itself appears to have confirmed that the above money was borrowed from the Plaintiff and then lent to C, it is reasonable to deem that the Defendant borrowed the above money from the Plaintiff.
Therefore, the Defendant is from June 21, 2013, which was the day following the delivery date of the original copy of the instant payment order, to the Plaintiff.