A. On July 31, 2013, Defendant B drafted a contract to the Plaintiff stating that “The Plaintiff lent KRW 50 million to Defendant B with respect to the removal of Kimhae-do (hereinafter “instant removal construction”) and Defendant B would pay KRW 50 million upon receipt of the first advance payment of the said removal construction work, and KRW 100 million upon receipt of the second advance payment” (Evidence A 1; hereinafter “instant contract”).

Accordingly, the Plaintiff transferred KRW 50,000 to the account (Account Number:F) of Defendant C, the wife of Defendant B on the same day.

(hereinafter referred to as the “instant lending”). (b)

On July 31, 2014, Defendant B drafted a monetary loan agreement (Evidence A 5; hereinafter “instant monetary loan agreement”) with the purport that “The instant loan amounting to KRW 50,000,000 shall be paid up to September 5, 2014, and KRW 100,000 shall be paid at the time of receipt of advance payment for the removal of the instant case.”

C. On March 29, 2017, Defendant B paid the Plaintiff a total of KRW 500,000,000 to KRW 1850,000,000,000 on June 9, 2017, KRW 400,000,000,000 on July 2, 2017, and KRW 550,850 around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 1-1, 2, Eul evidence No. 2, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. As to the Plaintiff’s assertion, the Plaintiff asserts that Defendant B is obligated to pay the Plaintiff the instant loan amounting to KRW 50,000,000 and delay damages thereon.

According to the facts established earlier, Defendant B agreed to repay the Plaintiff KRW 50,000,000 to September 5, 2014. Thus, Defendant B, barring any special circumstance, agreed to the Plaintiff regarding the promotion of the lawsuit, etc. from September 6, 2014 to December 26, 2017, where the original copy of the instant payment order was served on the Plaintiff from September 6, 2014 to December 26, 2017.