1. The Defendant shall pay 44,108,000 won to the Intervenor succeeding to the Plaintiff and 25% per annum from June 8, 2016 to the day of complete payment.

1. Basic facts

A. On January 22, 2016, the Plaintiff: (a) paid KRW 100 million to the Defendant who prepared to establish a convalescent hospital at the time; and (b) prepared a notarial deed under a monetary loan agreement for consumption with the Defendant’s husband D; and (c) the joint and several sureties as the Defendant.

B. After that, on February 3, 2016, the Plaintiff loaned KRW 50 million to the Defendant, which was entitled to 5% interest per month.

(hereinafter “instant loan”). (c) The instant loan

From March 4, 2016 to June 7, 2016, the Defendant paid 2.5 million won per month to the Plaintiff as interest on the instant loan. D.

On December 4, 2017, when the lawsuit of this case is pending, the Plaintiff transferred the loan claim of KRW 100 million against the Defendant to the Intervenor succeeding to the Plaintiff and notified the Defendant of the transfer of the claim at that time. The Defendant consented to the withdrawal of the lawsuit of this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. On January 22, 2016, the Plaintiff’s Intervenor’s assertion 100 million won-related claim hereinafter “instant KRW 100 million”) asserted that the said monetary amount was a loan and the Defendant sought payment against the Defendant, and the Defendant asserts that there is no obligation to repay the said amount constitutes illegal consideration as the money received in the form of rebates. (2) In full view of the following facts revealed by comprehensively taking account of the respective entries and the purport of the evidence (including the virtual number) prescribed in Articles 5 through 8 (a) and all pleadings, the Plaintiff paid KRW 100 million to the Defendant on January 22, 2016 (hereinafter “instant KRW 100 million”).

It is reasonable to view that it is not a loan, but a money paid in return for rebates.

① The Plaintiff became aware of the Defendant around October 2015 while working as the former duties of Co., Ltd. engaging in pharmaceutical wholesale and retail business, and paid the instant KRW 100 million to the Defendant without setting interest on January 22, 2016. At the time, the Plaintiff was the Defendant at the time.