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. Facts of recognition;

A. On March 23, 2005, the Defendant: (a) borrowed 5 million won from the Plaintiff on October 31, 2005 to the Plaintiff; (b) provided, “The Defendant borrowed 5 million won from the Plaintiff on May 31, 2005; provided, however, that this money was extended from May 2005 to the time limit.” (hereinafter “the instant loan certificate”).

B. From the Plaintiff’s account under the Plaintiff’s name to the Defendant’s account, KRW 1.2 million was transferred from January 18, 2005, KRW 300,000 on February 18, 2005, KRW 1.5 million on February 24, 2005, KRW 50,000 on March 2, 2005, and KRW 1.8 million on May 19, 2005, respectively, from the Defendant’s account to the Plaintiff’s name. The money was transferred from the Defendant’s name to the Plaintiff’s account, KRW 3 million on November 2, 2004, KRW 1.2 million on January 24, 2005, and KRW 1.2 million on April 25, 2005, respectively.

C. From November 2005, the Plaintiff demanded the Defendant to pay five million won, etc. that the Plaintiff lent to the Defendant.

The plaintiff filed a complaint against the defendant as a crime of fraud, but on August 1, 2006, the defendant was subject to a disposition by the Sung-nam Branch of the Suwon District Prosecutors' Office (Evidence Incompetence).

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

2. According to the allegations and the above facts of recognition, the defendant is obligated to pay to the plaintiff the loan amount of five million won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from November 1, 2006 to September 16, 2014, which is the delivery date of a copy of the complaint of this case, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, unless there are special circumstances.

In regard to this, the Defendant: (a) the instant loan certificate was created to show the Plaintiff’s husband’s fighting with the Plaintiff’s husband; and (b) made it to show the Plaintiff’s husband; and (c) did not actually lend KRW 5 million to the Defendant; and (d) rather, in light of the details of the bank transaction from November 2004 to September 2005, the Defendant remitted a larger amount of money to the Plaintiff, and the Plaintiff’s claim was made.