1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The counterclaim filed by the Defendant (Counterclaim Plaintiff) in this court.

1. Determination on the main claim

A. According to the reasoning of the judgment on the cause of the claim No. 4 and the purport of the entire pleadings, it is recognized that the Defendant prepared and delivered to C on November 18, 2014 a loan certificate stating that “The amount of rent:10 million won, the due date: the receipt of the above amount: December 30, 2014; and shall maintain the due date.” (hereinafter “the loan certificate of this case”).

In principle, in a case where the authenticity of a disposal document is recognized, the existence of a legal act in its content must be recognized unless there are special circumstances where it is clear and acceptable that the existence and content of the expression of intent expressed in the document would be denied.

(See Supreme Court Decision 200Da38602 delivered on October 13, 200). As recognized earlier, the loan certificate of this case is deemed to have been duly formed by the Defendant and delivered to C. Thus, C is recognized to have a loan claim of KRW 100 million (hereinafter “loan claim of this case”) against the Defendant.

D. Furthermore, according to the purport of the evidence Nos. 1 and 2 and the entire pleadings, it is recognized that C transferred the instant loan claims to the Plaintiff on July 8, 2016, and the Plaintiff, who was delegated by C with the authority to notify the assignment of claims, notified the Defendant of the assignment of claims on or around December 2016.

Article 22 of the Civil Code provides that the defendant shall pay 100 million won and damages for delay to the plaintiff who is the transferee, unless there are special circumstances.

B. As to the Defendant’s argument, the Defendant asserts that C did not lend KRW 100 million to the Defendant, but invested.

However, even according to the defendant's assertion, C invested KRW 100 million to the defendant, and requested the conversion of the loan to the loan and prepared the loan certificate of this case as required by C. Thus, C has to pay KRW 100 million to the defendant.