1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Plaintiff and D are adjoining neighbors who have resided in Gangnam-gu Seoul apartment C, for a long time, at 301, and the Defendant is the spouse of D.

B. From December 2014, the Plaintiff began to lend money upon D’s request. On November 19, 2015, the Plaintiff received from D the loan amount of KRW 30,500,000, living funds for use, the maturity of July 2016 (15,00,000), the end of September 2017 (15,00,000), and the loan certificate of KRW 2% per interest month.

C. On August 4, 2016, the Plaintiff prepared a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) in order to settle the money transaction made between D and D, including lending additional money to D and receiving partial payment.

The main contents of the notarial deed of this case are as follows.

Article 1 (Purpose) The Plaintiff lent KRW 24,480,00 to D on July 27, 2016, and D borrowed this.

Article 2 (Period and Method of Payment) The payment key shall be no later than November 30, 2017.

The method of repayment is to pay KRW 10,000,000 on November 30, 2016 and to pay KRW 14,480,00 on November 14, 2017.

Article 3 (Interest) Interest shall be paid at the end of each month at the rate of 24% per annum.

When Article 5 (Compensation for Delay)D delays the repayment of principal or interest, damages for delay shall be paid at the rate of 24% per annum on the delayed principal or interest.

D did not pay the above money at the maturity of the Notarial Deed, and filed an application for individual rehabilitation with the Seoul Rehabilitation Court No. 2016 2016 Ma1037095, the list of individual rehabilitation creditors, including the debt under the Notarial Deed, was submitted to the above court.

D On August 31, 2017, the decision to commence individual rehabilitation procedures was made.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the court of first instance, and the result of the order to submit each financial transaction information to Korean banks, the purport of the entire pleadings

2. The cause of the action.