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. On April 12, 2012, the Plaintiff transferred KRW 20 million to the Defendant’s account under the name of the Defendant.

B. On the same day, the Defendant prepared two copies of the loan certificate stating “one million won per day”, “from May 1, 2012 to April 30, 2014,” and “two-four percent per annum of the interest rate for the rent” (hereinafter “the loan certificate in this case”) and issued one copy to the Plaintiff (each of the Plaintiff and the Defendant respectively), and the Defendant holds two copies of the loan certificate.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. On April 12, 2012, the Plaintiff asserted that the Defendant is obligated to pay interest and delay damages calculated at the interest rate of 24% per annum from May 1, 2012, which is the starting date of the loan term stipulated in the instant loan certificate, since the Plaintiff lent KRW 20 million to the Defendant at an annual interest rate of 24% per annum as stipulated in the instant loan certificate. On the other hand, the Defendant asserts that the Plaintiff donated the said money to the Defendant in good faith and returned the loan certificate.

B. On April 12, 2012, the Defendant prepared and delivered the instant loan certificate to the Plaintiff on the same day, and the fact that the Plaintiff transferred KRW 20 million to the Defendant on the same day is recognized as above. According to the evidence No. 2, the Defendant presented the instant loan certificate and stated that the Plaintiff borrowed KRW 20 million to the Plaintiff in the course of criminal investigation that the Plaintiff filed a complaint against the Defendant for fraud regarding the transfer of KRW 20 million to the Plaintiff. In full view of the above facts, the fact that the Plaintiff lent KRW 20 million to the Defendant as indicated in the loan certificate of this case can be acknowledged, and the Defendant is insufficient to reverse the said loan.

Therefore, the defendant's loan amounting to KRW 20 million and this shall be applied to the plaintiff.