A. On October 28, 2010, the Defendant filed a lawsuit against the Plaintiff and the Plaintiff’s mother C, seeking reimbursement of the loan amounting to KRW 4,500,000 from November 11, 2002 to January 12, 2004, and the Plaintiff did not repay the loan amounting to KRW 4,50,000, in spite of borrowing from the Defendant, and filed a lawsuit claiming reimbursement of the loan amounting to KRW 2010,74313 with the Incheon District Court Branch Branch Branch Decision 2010

B. On December 6, 2010, the above court rendered a decision on performance recommendation (hereinafter “decision on performance recommendation of this case”) stating that “the Plaintiff and C jointly and severally shall pay 60% interest per annum from January 12, 2004 to June 29, 2007, 30% per annum from June 30, 2007 to December 13, 2010, and 20% interest per annum from June 30, 2007 to December 13, 2010” (hereinafter “decision on performance recommendation of this case”). The decision on performance recommendation of this case was finalized on December 28, 2010.

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence 1-1 and 2, together with the whole pleadings

2. The parties' assertion

A. The Plaintiff, as a DNA student, was a minor who is only 12 years of age on January 12, 2004.

The plaintiff asserts that on January 12, 2004, there was no monetary loan contract between the defendant and the defendant (hereinafter referred to as the "money loan contract of this case").

As to this, the defendant asserts that the plaintiff entered into the monetary loan contract of this case.

B. Meanwhile, even if the Plaintiff’s mother entered into a monetary loan contract on behalf of the Plaintiff, the instant monetary loan contract is deemed to borrow money that the Plaintiff’s mother needs, and the said monetary loan contract is invalid for the Plaintiff without going through a special agent appointment procedure, and the Defendant concluded the monetary loan contract on behalf of the Plaintiff by lending money required for the Plaintiff’s school expenses and living expenses.

3. Determination

A. Article 5-7(1) of the Trial of Small Claims Act provides that the Defendant shall make a decision on performance recommendation.