1. The defendant's appeal is dismissed.

2. A notary public against the defendant's plaintiff until this judgment becomes final and conclusive.

1. Basic facts

A. The Defendant operated the delivery agency with the trade name “D” and “E” in the name of another person in the Gwanak-gu Seoul Special Metropolitan City, and the Plaintiff began to work as an employee of the delivery agency around September 2014.

B. 1) On November 2014, the Plaintiff and the Defendant conclude a contract for the acceptance of the business (hereinafter referred to as “contract for the acceptance of the business of this case”) by stipulating that the time of transfer is KRW 30 million with respect to all of the above delivery agency’s business operations and operating rights (hereinafter referred to as the “contract for the acceptance of the business of this case”).

(2) At the time of the instant transfer contract, the Plaintiff and the Defendant concluded a verbal contract. (2) At the time of the instant transfer contract, KRW 5 million for the payment method of KRW 30 million for the instant transfer price to the Defendant, the Plaintiff transferred the vehicle owned by the Plaintiff to the Defendant in lieu of the payment, and the intermediate payment of KRW 15 million for the intermediate payment of KRW 10 million on December 31, 2014, the remainder of KRW 10 million shall be paid in installments each month from January 2015 to May 2015. In addition, the Plaintiff paid the remainder of the transfer price to the Defendant and agreed to implement the procedures for the change of the name of the delivery agency, etc. at the same time.

C. After that, on December 3, 2014, the Plaintiff borrowed the Plaintiff at the Defendant’s request, in order to secure the Defendant’s obligation to pay the Plaintiff’s intermediate payment and the remainder to the Defendant a total of KRW 25 million, with interest rate of KRW 25 million per annum on December 3, 2014. The Plaintiff borrowed the Plaintiff at the interest rate of KRW 25 million. On December 31, 2014, the Plaintiff: (a) on December 31, 2014, the remainder of KRW 15 million out of the above borrowed money; and (b) on May 30, 2015, a notary public prepared a notarial deed of money consumption loan agreement No. 1054 (hereinafter “notarial deed of this case”).

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, 2, 3, 7, 9 (including paper numbers), the purport of the whole pleadings

2. The parties' arguments and judgments.