1. The defendant shall pay 40 million won to the plaintiff and 15% per annum from October 6, 2018 to the day of complete payment.

1. In full view of the purport of the entire pleadings as to the cause of the claim Gap evidence Nos. 1 and Eul evidence Nos. 2, it can be acknowledged that the plaintiff, upon the defendant's request on July 6, 2015, transferred KRW 39 million to the account in the name of C under the name of the defendant on the ground of investment, and received the loan certificate stating that "I will receive the above amount by borrowing KRW 40 million regularly from the defendant."

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from October 6, 2018 to the day of full payment, which is the day following the service date of the original copy of the instant payment order, to the day of delivery of the original copy of the instant payment order.

2. The defendant's assertion argues that the above loan certificate was prepared by the plaintiff upon receiving a request from the plaintiff that the above loan certificate was prepared in a formal manner for the entry of books, and that it constitutes a false declaration of intention, not a false declaration of intention, and thus invalid.

It is not sufficient to recognize that the preparation of the above loan certificate constitutes a false declaration of intention, not a false declaration of intention or a false declaration of intention, just with the descriptions of the evidence of subparagraphs 1 and 3, and the defendant's assertion is without merit, since there is no other evidence to acknowledge it.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.