A. From July 1, 1989 to August 18, 2010, the Plaintiff is a business proprietor who operated “C”, and the Defendant is a business proprietor who had manufacturing business with the trade name “D” from August 25, 2006.

B. On September 5, 2005, the Defendant prepared and awarded to the Plaintiff a letter of payment with the following content (hereinafter “instant letter of payment”).

In order to pay the above amount as KRW 32,50,000,000 (32,500,000) in a monthly amount from September 30, 2005 to the 30th day of each month, and to pay the above amount as KRW 3,000,000 in full, and to pay the remaining amount as KRW 3,00,000 in a monthly amount, and to pay in full the above amount in full, and to pay in equal installments the above amount as KRW 3,50,00 in a subsequent month.

Facts that there is no dispute over B [applicable ground for recognition] on September 5, 2005, entry of Gap evidence 1, Eul evidence 1 (including paper numbers; hereinafter the same shall apply), results of the order of taxation information submission to the director of the tax office in the first instance court to submit tax information and replys, the purport of the whole pleadings.

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion 1) The Plaintiff lent a total of KRW 112.5 million to the Defendant, and received a promissory note and a loan certificate from the Defendant as collateral. On September 5, 2005, the Defendant drafted the instant payment note to the Plaintiff on the said loan obligation. However, as the Defendant paid only KRW 2.4 million out of the instant payment note, it must pay the remainder of KRW 10,100,000 to the Plaintiff and its delay damages. 2) The Defendant did not borrow the money indicated in the instant payment note from the Defendant.

When the plaintiff borrowed money from the non-party E to lend it to the non-party company, which was introduced by the defendant (hereinafter referred to as the "non-party company"), the plaintiff borrowed money from the non-party E and lent it to the non-party company. When the non-party company was in default, it was used to show it to E.