According to the above facts, according to the loan certificate of this case, the defendant is obligated to pay to the plaintiff 40 million won with the loan certificate of this case and damages for delay calculated at the rate of 15% per annum from November 18, 2017 to the day of full payment as requested by the plaintiff, which is the day following the delivery date of the payment order, to the day of full payment.

2. The defendant's assertion and judgment

A. (1) On September 2007, the Defendant asserted conditional loan claim: (a) around September 2007, at the Chinese office of the Plaintiff’s operation located in Namyang-si, Namyang-si, the Plaintiff was working as a principal room, and developed into the Plaintiff’s relationship with the Plaintiff around 2010; (b) on the ground that the Plaintiff would pay consolation money and child support to the Defendant as a substitute for the Defendant’s divorce with his wife; and (c) the Defendant applied for divorce with the wife C around March 2016.

Accordingly, the Plaintiff remitted 20,000,000 won to the Defendant as consolation money, and transferred 20,000,000 won to C’s account on June 15, 2016 as consolation money. From July 2016 to September 9, 2016, the Plaintiff transferred 50,000 won per month to C’s account for child support for Defendant’s child every three times a month.

Thus, the defendant received the above money under the condition that the plaintiff resides together with the plaintiff, and the plaintiff ordered the defendant to receive the above amount of KRW 40,000,000 from the defendant, while preparing for the defendant's escape.