1. The defendant shall pay 40 million won to the plaintiff and 6% per annum from July 18, 2009 to the day of complete payment.

1. The facts subsequent to the facts of recognition are acknowledged by the parties or by the respective entry in Gap evidence 1 to 5, the witness C's testimony and the purport of the whole pleadings.

A. The Plaintiff, who became aware of the Defendant, an agricultural employee, was close to the Defendant, and was in charge of managing KRW 120 million to the Defendant around the end of June 2008.

B. Although the Defendant’s high school and the Dong University C, a university, were conducting the housing site creation project in macro-si D, the Defendant asked the Defendant to lend KRW 160 million to the Defendant due to the shortage of the construction cost.

Accordingly, the defendant set up and lent KRW 80 million through Susu E, while introducing C to the plaintiff, proposing that the plaintiff lend KRW 80 million out of the money that the plaintiff left to the defendant to C.

C. The defendant had C draw up a loan certificate form, and C drawn up a loan certificate as of July 1, 2008 and ordered C to the defendant.

On July 18, 2008, the Plaintiff received the above loan certificate and lent money to C, and around July 18, 2008, ordered C to give KRW 80 million out of the money that the Plaintiff left to C.

C The above loan certificate drawn up by C states that the interest rate is 1% per month (12% per annum), and that “Offer of security: approximately KRW 400,000 (hereinafter “instant real estate”) shall be set up in the name of E in the second order at the time of Gyeongnam-do, and the borrower bears the signature and seal of G among the holders of the above real estate as seen below (hereinafter “instant real estate”).

C The registration of initial ownership of the instant real estate was completed on December 28, 2004 under its own name and transferred only the title of ownership to Yong-Nam and Dong, and H on the same day. At the time when the Plaintiff loaned money to C as above, the said real estate was set up only two cases of collateral security with the sum of the maximum debt amount of KRW 468 million with the Defendant’s service as the mortgagee (I branch).