Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

A. The Plaintiff lent KRW 20,00,000 to the Defendant by means of remitting KRW 5,000 to the account under the name of the Defendant each on August 3, 2007, August 13, 2007, September 13, 2007, September 2007, September 2007, September 207, and December 11, 2007, respectively.

B. Around June 28, 2016, the Defendant prepared and issued a loan certificate stating that “the Defendant borrowed KRW 15,000,000 from the Plaintiff as of December 31, 2018 (hereinafter “the instant loan certificate”) to the Plaintiff.”

[Grounds for Recognition: Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 (including branch numbers, and the purport of the whole pleadings)

2. The parties' assertion

A. The Plaintiff’s assertion demanded the Defendant to prepare the instant loan certificate for the purpose of settling the amount of KRW 14,767,124, out of the loan claims of KRW 20,000,000 against the Defendant as of June 28, 2016 (i.e., the principal of the loan the Defendant did not pay from December 28, 2007 to June 28, 2016 (i.e., the amount agreed between the Plaintiff and the Defendant as to the interest the Defendant did not pay from around December 2007 to June 28, 2016). The Plaintiff prepared the loan certificate at the Plaintiff’s request and delivered it to the Plaintiff. The Defendant is obligated to pay the Plaintiff a loan borrowed amount of KRW 15,000,000 on the loan certificate of this case and damages for delay after January 1, 2019.

B. The Defendant’s assertion: (a) borrowed KRW 40,000,000 from the Plaintiff; (b) paid KRW 10,000,000 to the Plaintiff’s children in cash; (c) on June 13, 2016, the Plaintiff repaid KRW 20,000 to the Plaintiff; and (d) on March 2009, the remainder of KRW 10,000,000 to the Plaintiff was paid in substitutes for the duty-free petroleum allocated to the Defendant; and (e) at the time of the preparation of the instant loan certificate, there was no loan that was not repaid to the Plaintiff.

At the time of preparing the loan certificate of this case, the Defendant did not have a mental health as it was not good at the time, and forced the Plaintiff to prepare the loan certificate on a personal basis.