The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Basic Facts

On August 16, 2017, the Plaintiff remitted KRW 200 million to the account under the name of the Defendant.

Around April 1, 2018 through June 2, 2018, the Defendant prepared a loan certificate to the effect that “the Defendant borrowed KRW 200 million from the Plaintiff on August 16, 2017 at the request of C, which is the actual operator of the Plaintiff, at the rate of 5% per annum and as of August 16, 2018 (hereinafter “the instant loan certificate”).” and issued it to C.

[Reasons for Recognition: Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings] The plaintiff alleged by the parties to the lawsuit lent KRW 200 million to the defendant on August 16, 2017. Since the defendant borrowed this, the defendant is obligated to pay the plaintiff KRW 200 million and interest thereon or delay damages.

The loan amount of KRW 200 million remitted by the Plaintiff to the Defendant is not a loan, but the amount invested by the Plaintiff to the Defendant under the pretext of the establishment and operation of D Co., Ltd. established under a management consulting agreement between the Plaintiff and the Defendant. This case’s loan certificate is merely a form of preparation for accounting at the request of C,

Judgment

As long as the formation of a relevant legal disposition document is recognized as authentic, the court shall recognize the existence and content of declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof as to the denial of the contents of the statement.

(See Supreme Court Decision 94Da1601 Decided February 10, 1995, Supreme Court Decision 96Da1320 Decided April 9, 1996, etc.). In addition to the specific judgment in the instant case’s entries in the evidence Nos. 1 through 12 and partial testimony of witnesses E at the trial, a management consulting contract was concluded between the Plaintiff and the Defendant (hereinafter “F”) on November 10, 2016, and the said management consulting contract is conducted by F to attract the Plaintiff’s funds by means of investment or loan, to support the Plaintiff’s business activities, etc., and to this work.