A. On July 24, 2012, the Plaintiff obtained a loan of KRW 100 million from a national bank as collateral, and lent the said KRW 100 million to the Defendant, who was a fraud, without an agreement on interest and due date.

B. Upon receiving a demand from the Plaintiff for reimbursement, the Defendant promised to repay the said KRW 100 million by November 30, 2013, and again promised to repay the said KRW 100 million by December 31, 2013.

[Reasons for Recognition] Facts that there is no dispute or the defendant does not clearly dispute, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay, unless there are special circumstances, 10 million won of loans and delay damages calculated at the rate of 5% per annum under the Civil Act from July 1, 2017 to August 3, 2017, which is the service date of the application for the payment order in this case, from July 31, 2017, as requested by the plaintiff, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

B. As to the judgment on the Defendant’s assertion, the Defendant completed all consultations regarding the division of property in the conciliation procedure between the Defendant and C, and the Defendant did not mention the instant loan obligations at the conciliation stage. As such, the instant loan obligations are naturally included in the agreement on the division of property at which the conciliation has been completed, and accordingly, the instant loan obligations are extinguished and nonexistent.

B. According to the reasoning of the judgment, Eul evidence No. 1, as to April 22, 2016 between the defendant and his/her dependent C, the amount of KRW 35,000,000 shall be paid to C on the date of mediation of the Gwangju Family Court 2015dhap3127 (main office) and 2015dhap3134 (Counterclaim).

2.C shall deliver to the defendant or to the person designated by the defendant the moving-out and above-mentioned D Building 101 Dong-dong 1802, Dong-gu, Gwangju Metropolitan City

3. A three-dimensional land development project, such as E, in the case of the House Government in which the defendant invested.