1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 14, 2014, the Plaintiff, the Defendant’s spouse, prepared a loan certificate stating “15,00,000 won in 2% per month” (hereinafter “the loan certificate of this case”). The Defendant signed the loan certificate of this case as a joint and several surety, and the Defendant signed the loan certificate of this case on the back side of the loan certificate of this case and paid “10,000,000 won” on the back side of the loan certificate of this case.

B. On July 14, 2014, the Defendant prepared and sent to the Plaintiff a notarial deed of a monetary loan agreement under Article 651 of 2014 (hereinafter “notarial deed of this case”) stating that “the Defendant borrowed KRW 45,000,000 from the Plaintiff on July 14, 2014, and the Plaintiff shall be repaid until January 31, 2015, but shall be paid KRW 80,000 as of the last day of each month from August 31, 2014 to the repayment date of principal.”

C. From October 24, 2014 to March 25, 2017, the Plaintiff collected the Defendant’s claim for wages from the Radteco Co., Ltd. based on the instant notarial deed as shown in attached Table 1, and appropriated the Defendant’s claim for wages against the Modteco Co., Ltd. for the repayment of the claim based on the instant notarial deed.

From September 20, 2014 to March 31, 2015, the Plaintiff remitted total of KRW 8,250,000 as shown in attached Table 2 to E, as shown in attached Table 2, and upon C’s request, the Plaintiff paid KRW 343,860 on April 1, 2014; KRW 280,300 on mobile phone communications; KRW 496,570 on July 4, 2014; KRW 1,68,030 on September 5, 2014; and KRW 1,68,760 on behalf of the Plaintiff.

(hereinafter referred to as “additional loan”). (e)

E remitted the Plaintiff totaling KRW 4,580,000 as shown in attached Table 3 from July 23, 2014 to July 24, 2015 in relation to additional loans.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 4, 9, Eul evidence Nos. 1 and 7, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion is based on the additional statement on the loan certificate of this case (1) from April 14, 2012 to July 9, 2014, prior to the preparation and transfer of the loan certificate of this case.