1. The defendant shall pay to the plaintiff KRW 133 million.

A. Of them, 40 million won from February 28, 2018 to December 19, 2018

1. Basic facts

A. The Plaintiff is the father of Yeongdeungpo-gu Seoul Metropolitan Government-based D&D owner, and the Defendant is the person who actually received the reconstruction work from the Plaintiff (hereinafter “instant construction work”).

B. On October 5, 2015, the Plaintiff borrowed KRW 5 million from the Defendant in order to use it for the payment of directors’ expenses under the Dirreg F.

C. Meanwhile, on July 6, 2016, the Plaintiff issued a loan certificate stating the Defendant’s “to borrow KRW 44 million as the instant construction cost,” and transferred the amount of KRW 44 million from the passbook he/she manages to the Defendant’s married G account. ② On July 22, 2016, the Plaintiff received a loan certificate stating the Defendant’s “to borrow KRW 100 million as the instant construction cost,” and then deducted the amount of KRW 2-month interest from the said G account and KRW 6 million from the said account, and transferred the amount of KRW 70 million on July 22, 2016, KRW 94 million from the total amount of KRW 4 million, including KRW 4 million on August 1, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2, 8-2, Eul evidence 2-1 and 4-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion party’s principal is the sum of KRW 140 million in total, or only KRW 138 million in actual paid to the Defendant.

On the other hand, with respect to each of the money received from the plaintiff 4 million won, the defendant shall pay 5% per annum from the following day after the date of the lending, 70 million won per annum, and 24 million won per annum from the following day after the date of each lending (36% per annum), plus interest of 15% per annum as determined by the plaintiff within the extent of the agreement (36% per annum).

Of the funds borrowed by the Plaintiff from the Defendant, 2 million won is actually paid as the director’s expense under F, and the Plaintiff used. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 135 million after deducting the above KRW 3 million, and interest or delay damages thereon.

B. The Defendant’s assertion of KRW 44 million as of July 6, 2016 is not the amount borrowed by the Defendant.