A. On May 2, 2006, the Plaintiff transferred KRW 150 million to the Defendant’s Nong Bank account under the name of C, which was a wife on May 2, 2006.

B. Since then, the Defendant drawn up the Plaintiff’s “certificate of 150 million won” (Evidence A No. 1) stating that “The principal and the profits shall be repaid on May 10, 2007.”

C. On October 4, 2007, the Defendant entered into a mortgage agreement with the Plaintiff as to 32/128 of the Defendant’s share among the Defendant’s share of 2,645m2 and E, 1,084m2 of the Defendant’s share of 2,64m2 in order to secure the return of the above remittance amount. On the next day, the Defendant completed the registration of the establishment of a mortgage agreement, which is the Plaintiff, with the share of each of the above lands as joint collateral, with the maximum debt amount of KRW 150 million as joint collateral.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3 (if there are virtual numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The parties' assertion that the plaintiff borrowed money from the defendant around May 2006 to the defendant for the purpose of investing in the real estate development project implemented in Boan City. As such, the plaintiff transferred money of KRW 150 million to the defendant. Thus, the defendant is obligated to pay the above borrowed principal and its delayed damages.

In regard to this, the defendant denies the fact that he borrowed the above money from the plaintiff, and argues that the construction of Eul corporation only agreed to make an equal distribution of the profits by investing KRW 150 million in each of the plaintiff and the defendant with respect to the development of apartment houses in Yan-si, Seoan-si, Incheon Metropolitan City.

B. In other words, the defendant, after receiving transfer of KRW 150 million as above, prepared and delivered a “loan” rather than an investment certificate or an investment agreement to the plaintiff, and ② the above loan certificate is grounded on the following circumstances.