1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from August 3, 2016 to January 10, 2017.

1. Basic facts

A. The plaintiff and the defendant are relatives.

B. The plaintiff and the defendant have been engaged in money transactions from time to time as close as the plaintiff are close as well, and the plaintiff lent KRW 40,000 to the defendant on October 29, 2009 and has not yet been paid.

(hereinafter “instant loan”). 【No dispute exists concerning the instant loan” (based on recognition), entry of the evidence No. 1, and the purport of the entire pleadings

2. The parties' assertion

A. At the time of the instant loan, the Plaintiff agreed to pay each interest of KRW 100,00 per month for KRW 30,000,000 per month for KRW 100,000 per month, and for KRW 350,000 per month for KRW 30,000 per month, but without paying interest from January 2012, the Defendant is obligated to pay the principal and interest of KRW 62,50,000 for the instant loan (principal KRW 40,000,000 for KRW 22,50,000 for the principal and interest of KRW 40,000 for the principal.

B. There is no agreement to pay facts or interest on the borrowing of KRW 40,000 from the Defendant to the Plaintiff.

The defendant decided to purchase the real estate in the Asia-si by the plaintiff's strong solicitation, and transferred the purchase price of KRW 92,005,50,000 to the plaintiff, but has lost its entirety due to fraud. Thus, the defendant bears the above losses suffered by the plaintiff, and the plaintiff reached an agreement between the plaintiff and the defendant around November 2013 at the time of exemption from the debt of the loan of this case. Thus, the plaintiff cannot respond to the plaintiff's request.

3. According to the above facts of recognition, the defendant is obligated to dispute as to the existence and scope of the defendant's obligation to pay to the plaintiff 40,000,000 won of the loan of this case and damages for delay at each rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from August 3, 2016, the next day of service of a copy of complaint of this case filed by the plaintiff, which is the next day of service of the plaintiff, until January 10, 2017, which is the sentencing day of this case.

The Plaintiff agreed to pay interest of KRW 450,000 per month by the Defendant.