1. The Defendant’s KRW 5 million to the Plaintiff and the Plaintiff’s 5% per annum from February 11, 2012 to January 20, 2016.

1. Basic facts

A. On February 1, 2012, the Plaintiff prepared a cash custody certificate stating that “The Plaintiff shall lend KRW 5 million to Defendant A and shall complete payment until February 10, 2012.”

(hereinafter “instant loan”). (b) The instant loan

The Defendant was sentenced to a punishment of ten-month imprisonment with prison labor for not guilty and the remainder of the judgment as to the fraud against the Plaintiff on November 6, 2014, on the following grounds: “The Defendant received KRW 18 million in cash from the Plaintiff during several occasions from the lower patrolman in 2009 to January 21, 201.” On February 1, 2012, the Defendant received KRW 5 million in cash as a loan, and acquired the property in an amount equivalent to KRW 23 million in total.”

(This Court Decision 2014No. 150). Both the Defendant and the Prosecutor appealed. On April 24, 2015, the appellate court convicted the Plaintiff of fraud, and sentenced the Plaintiff to a suspended sentence of two years and a sentence of 120 hours for a community service, which became final and conclusive.

Daegu District Court 2014No4360, hereinafter referred to as "criminal judgment of this case".

(i) [Facts without dispute over the grounds for recognition, entries in Gap evidence 1 and 2, the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff lent KRW 5 million to the Defendant on February 1, 2012, and thus, the Defendant is liable to pay the Plaintiff KRW 5 million and its delay damages.

B. On February 1, 2012, the Defendant asserted that the Defendant used KRW 5 million from the Plaintiff for a 10-day period when borrowing KRW 5 million from the Plaintiff, and the Plaintiff deducted KRW 500,000,000 from the interest rate of KRW 500,000,000 to the Defendant.

The Defendant remitted the Plaintiff’s KRW 4.95 million to ASEAN on February 10, 2012, and KRW 20,000 to ASEAN on February 21, 2012, and paid KRW 30,000 to the Plaintiff on February 21, 2012.

Therefore, the Defendant repaid all of the instant loans, and instead, should have the amount returned from the Plaintiff, excluding the statutory interest.

3. According to the above facts of recognition, on February 1, 2012, the Plaintiff was the Defendant on February 1, 2012.