A. On January 15, 2016, the Defendant prepared and issued to the Plaintiff a loan certificate stating that “10 million won is borrowed until March 15, 2016 and cannot be repaid within the said time limit, the Defendant shall repay it with the deposit for the lease on a deposit basis at the Defendant’s place of residence, and without any separate document, the procedures necessary for the provisional attachment and the establishment of the right to collateral security are to progress.”

B. Around January 2016, the Plaintiff remitted total of KRW 100 million to the bank account of the MMMD Group (hereinafter “SE”) as stated in the said loan certificate.

C. After that, on March 7, 2016, the Defendant borrowed KRW 30 million on the same day to the Plaintiff, and simultaneously repay the amount to KRW 100 million on the same day until March 15, 2016.

“The Plaintiff prepared and delivered a loan certificate stating the contents of the loan, and the Plaintiff transferred KRW 30 million to the account of the Defendant’s wife C as stated in the above loan certificate on the same day.

[Ground of recognition] Facts without dispute, Gap 1, 4, and 5, the purport of the whole pleadings

2. The defendant asserts that the above KRW 130 million was invested in the non-party company and was not a loan to the defendant. However, according to the above facts of recognition, even if the above KRW 130 million was paid to the non-party company and used as a business fund, the legal nature of the above money should be deemed to be the amount leased by the plaintiff to the defendant.

Therefore, the defendant is liable to pay to the plaintiff KRW 130 million and damages for delay, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. On May 10, 2016, the summary of the allegation that the obligation was extinguished due to stock transfer, the Defendant transferred the Defendant’s share of KRW 1800 among the shares of the non-party company to the Plaintiff and agreed to extinguish the said share of KRW 130 million, and then transferred the said shares to the Plaintiff. 2) Each of the entries in the judgment of KRW 3, 7, and 2, and the purport of the entire pleadings.