A. On February 28, 2012, the Plaintiff remitted KRW 100 million to the account under the name of the Defendant (hereinafter “10 million won on February 28, 2012”).

B. On January 21, 2013, the Defendant jointly Defendant C (the duration of the lawsuit in this case between the Plaintiff and the Plaintiff on June 25, 2016, hereinafter referred to as “C”), along with D, the instrument of borrowing money (hereinafter referred to as the “certificate of borrowing”) with the following content as the Plaintiff:

b) in writing. Japan: the loan period fixed from January 21, 2013 to December 31, 2013 shall not be fixed and definite, and the mutual commitments shall be fixed and definite.

C, D, the joint and several sureties of the debtor on January 21, 2013, ear of the plaintiff

C. On January 22, 2013, the Plaintiff transferred KRW 100 million (hereinafter “instant KRW 100 million”) from the Plaintiff’s spouse’s account under the name of the Defendant to the account under the Defendant’s name.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant borrowed KRW 100 million from the Plaintiff on January 22, 2013, and as C and D stand joint and several sureties and D with respect to the repayment of the said borrowed amount, the Defendant is jointly and severally liable to pay the Plaintiff KRW 100 million and the damages for delay thereof, barring any special circumstance.

B. The defendant's assertion 1) The defendant asserts that since the defendant paid a total of KRW 92.5 million to the plaintiff with respect to the repayment of KRW 100 million in this case, the principal of KRW 100 million in this case does not remain. Accordingly, the plaintiff's payment of KRW 100 million to the defendant as well as KRW 100 million in February 28, 2012, which was paid by the plaintiff to the defendant, is also a loan to the defendant as to KRW 1.5% in the agreed rate, and thereafter, on January 22, 2013, the plaintiff agreed to pay KRW 200 million in sum to the plaintiff as 2.5% in monthly interest rate (the plaintiff asserts that the agreed rate part is over several times.