A. On October 13, 2016, the Plaintiff transferred KRW 43,000,000 to the Defendant’s financial account, and KRW 9,000,000 on June 8, 2016, and KRW 9,000,000 on June 9, 2016, and KRW 2,000,000 on June 10, 2016, and KRW 43,00,000 on January 18, 2017.

B. On June 30, 2017, the Defendant issued to the Plaintiff a certificate of borrowing that “The Plaintiff will repay KRW 40,000,000 to December 31, 2017.”

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the overall purport of the pleadings [the fact that the defendant's seal is affixed with respect to the evidence Nos. 3 (Evidence), has no dispute between the parties, and thus, the fact that the defendant's seal is affixed is confirmed to have been affixed according to the defendant's intention, and the authenticity of the whole document is presumed to have been established. The defendant, while taking over the hospital in Chungcheongnam-Nam-Nam-Nam-nam, signed the seal on the loan certificate without permission, but there is no evidence to acknowledge it];

2. According to the above facts of recognition, the Plaintiff lent KRW 40,000,00 to the Defendant. As such, the Defendant is obligated to pay the Plaintiff a loan of KRW 40,000,000 and damages for delay calculated at the rate of 15% per annum from May 3, 2018, the day following the delivery date of the original copy of the instant payment order, to the day of full payment.

(3) The plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it has no reason. Thus, the plaintiff's claim of this case is justified. The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.