1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

1. The parties' assertion

A. On April 12, 2010, the Plaintiff’s assertion C lent KRW 50 million to the Defendant, and the Defendant did not repay it by July 12, 2010, the due date.

On January 16, 2013, C transferred the above loan claim to the Plaintiff.

Therefore, the defendant is obligated to pay the above KRW 50 million to the plaintiff and delay damages.

B. On January 1, 2011, the Defendant and C entered into a partnership agreement with the Defendant to jointly operate a screen golf business branch. According to the said partnership agreement, the Defendant borrowed money from C was converted into an investment amount. If the said money is not an investment amount but a loan, the Defendant provided a loan to C with a screen golf machine as security, and should be deducted from the loan amount.

In addition, C's transfer of the above loan claim against the Plaintiff is the most recent assignment of the claim because it was made in a fraudulent manner by preparing only the form, even though the claim has not been actually transferred.

2. In full view of the facts that there is no dispute over the cause of the claim, the evidence Nos. 1 and 2-1, 2, 3, 6, and 10 of the evidence Nos. 1, 2, and 2-1, 3, 6, and 10 of the whole pleadings and arguments, C shall be lent to the Defendant on April 12, 2010 (hereinafter “instant loan”), interest rate of KRW 50 million per month (payment on July 12, 201), interest rate of KRW 1.5% per month (payment on July 12, 2010), and the due date of payment on July 12, 2010; C transferred the instant loan and the claim for delayed payment thereof to the Plaintiff on January 16, 2013; and notified the Defendant of the assignment of the claim to the Defendant on January 29, 2013; and the Plaintiff may be recognized as having received interest from the Defendant on the above loan by November 11, 2012.

The Plaintiff, on October 5, 2016, on the ground that the instant loan was not converted from the preparatory document dated 5, 2016 to the investment amount, and the Defendant’s interest on the said loan was several from April 2010.