1. The Defendant’s KRW 40,000,000 as well as 5% per annum from January 21, 2017 to November 23, 2017 to the Plaintiff.

1. Facts of recognition;

A. On February 8, 2010, the Plaintiff transferred KRW 40,000 to the Defendant.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The parties' assertion and judgment

A. The plaintiff asserts that the plaintiff transferred KRW 40,000,000 to the defendant under the pretext of the loan, and the defendant asserts that the defendant, not the defendant, the defendant, and the defendant, who was a representative director, borrowed the above money.

B. The plaintiff transferred KRW 40,000,00 to the defendant, such as the above recognition, and there is only dispute between the plaintiff and the defendant as to whether the borrower of the above money is C or the defendant. In full view of the above facts, it is insufficient to recognize that C borrowed the above money from the plaintiff, it is reasonable to deem that the plaintiff lent the above money to the defendant.

C. Accordingly, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of KRW 40,00,000 and 15% per annum under the Civil Act from January 21, 2017, the following day after the service of the original copy of the instant payment order, to November 23, 2017, which is the date of the rendering of a substantial judgment, to the Plaintiff for dispute as to the existence or absence of the payment obligation.

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.