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 is the manager of the F building F in Pakistan, and the defendant is the lessee of the above building G.

B. On August 29, 2017, C asked C to lend KRW 35 million since it was insufficient to find the Defendant and purchase the land.

Accordingly, the defendant contact the plaintiff, and the plaintiff, C, and the defendant met with the defendant's office.

On the same day, the Plaintiff transferred KRW 35 million to the account in the name of Dong C, a partner of Dong C on the same day.

In addition, on September 1, 2017, the Defendant requested the Plaintiff to remit the amount of KRW 4.7 million, which is the amount obtained by deducting the advance interest and KRW 3,00,000,00 from the account under the name of E, and requested the Plaintiff to transfer the amount of KRW 4.7 million on the same day.

C. On September 19, 2017, the Defendant prepared and issued a certificate of borrowing that the Plaintiff borrowed KRW 39.7 million without due date (hereinafter “the first loan certificate”). D.

On January 11, 2018, the Defendant paid to the Plaintiff KRW 4,700,000,000 on February 7, 2018, KRW 200,000 on March 14, 2018, and KRW 1.2 million on April 18, 2018.

[Ground of recognition] Facts without dispute, Gap 2 through 5 evidence, Eul 1 evidence, testimony of witness C at the court of first instance, purport of whole pleadings

2. The parties' assertion

A. The Defendant is obligated to pay to the Plaintiff the remainder of the loan amount of KRW 35 million (=39.7 million - 4.7 million), out of the loan amount of the instant primary loan certificate, and damages for delay.

B. Defendant 1, who was not the Defendant, borrowed KRW 35 million from the Plaintiff, and thus, the Defendant is not the lender.

② Even if the Defendant is the borrower, C newly prepared a loan certificate to the Plaintiff (hereinafter “the second loan certificate”), and thus, the first loan certificate issued by the Defendant was invalidated.

3. Determination

A. The judgment on the borrower (the grounds for the claim and the defendant's assertion ①) 1-related legal doctrine is recognized to be genuine in its formation.