A. The Plaintiff is the wife of the deceased C (hereinafter “the deceased”) and the Defendant and D are the birth of the deceased.

B. On September 28, 2009, the Plaintiff lent D KRW 30 million to D, and completed the registration of creation of a neighboring mortgage as to D’s apartment units on September 30, 200, KRW 30 million with the maximum debt amount, and KRW 30 million with the Plaintiff’s children as the right to collateral security.

C. On October 10, 2014, D cancelled the right to collateral security under the name of E established on the apartment owned by itself, and set up a maximum debt amount of KRW 21.6 million with respect to a new bank, and repaid the Plaintiff KRW 26 million with respect to the loan.

On October 10, 2014, the Plaintiff transferred KRW 22 million to the Nonghyup Bank Account under Defendant’s name to the said E.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 to 3, witness E's testimony, and whole purport of pleading

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) lent KRW 22 million to the Defendant out of the amount repaid by D upon D’s request on October 10, 2014. As such, the Defendant is obligated to pay the above loans KRW 22 million and damages for delay.

(2) The Defendant alleged that the Defendant had a loan claim of KRW 22 million against D. However, on October 10, 2014, the Defendant did not borrow money from D in the name of E in order to repay the Defendant’s debt to D, and the said money must be repaid by D.

B. (1) Determination is a matter of interpreting the intent of the party involved in the contract.

(see Supreme Court Decision 2012Da4471, Nov. 29, 2012). In relation to the determination of contractual parties, if both parties agree with one another, the contractual party should be determined according to the agreed intent. If both parties fail to agree, a reasonable person is to be the contractual party based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract.