A. On January 13, 201, KRW 15,000,000 was transferred from the deposit account in the Plaintiff’s name to the Defendant’s name.

B. From April 5, 2011 to December 6, 2013, the sum of KRW 24,648,400 was transferred from the Plaintiff’s spouse C’s deposit account to the Defendant’s name.

C. On the other hand, on November 2, 201, the Defendant prepared and issued a loan certificate stating that “the Defendant borrowed KRW 30,000,000 from the Plaintiff on November 2, 201, and promised to transfer the 907 unit to the Gangnam-si D Apartment if it is impossible to repay by the 30th day of the same month” (hereinafter “the loan certificate of this case”).

From January 20, 2014 to March 4, 2014, KRW 7,000 was transferred by account transfer from the Defendant’s deposit account in the name of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1's assertion and the defendant

1.(a)

On November 2, 2011, the Plaintiff promised to pay KRW 30,000,00,000 as the instant loan certificate.

From November 6, 201 to November 20, 201, the Plaintiff directly paid KRW 1,642,500 to the Defendant or lent KRW 3,000,000 to the Defendant by subrogation for the obligation to be paid.

Around January 14, 2014, the Defendant agreed to pay KRW 34,892,500 to the Plaintiff KRW 35,000,000 in consideration of the Plaintiff’s total amount of KRW 30,00,000, KRW 1,642,50, KRW 250,000, KRW 300, and interest thereon, and interest thereon in arrears. The Defendant agreed to pay KRW 35,00,000 to the Plaintiff.

1. D.

Since only KRW 7,000,000 has been deposited as stated in paragraph (1), the remainder of KRW 28,000,000 and damages for delay shall be paid.

2. The defendant's assertion that the defendant will bear the operation expenses of C and E together with C and his/her relative E around October 5, 201, and the defendant will take charge of the operation.