1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. (1) On March 14, 2016, the Defendant issued to D the following certificates of borrowing (No. 3, hereinafter “the instant certificates of borrowing”).

The loan certificate

1. Loaner: The defendant;

2. Amount of gold: 30,000,000 won.

3. Between the period: From March 14, 2016 to May 14, 2016;

4. This rate: 5% (1,500,000) of the above amount will be borrowed on March 14, 2016, and will be repaid on May 14, 2016.

On March 14, 2016, the borrower’s name (person) Sheshe transferred KRW 28,00,000 to the bank account (E) of C, the Defendant’s wife.

B. On February 9, 2017, D transferred to the Plaintiff the claim that “D’s loans amounting to KRW 30,000,000 and interest on March 14, 2016” (hereinafter “transfer of claims”), and the Plaintiff notified the Defendant of the instant transfer of claims on the same day upon delegation of D’s notification authority.

C. On March 6, 2017, the Plaintiff filed an order for payment of KRW 25,00,000 with the Defendant to lend KRW 30,000 to the Defendant on the ground that “D, upon receipt of the instant loan certificate from the Defendant on March 14, 2016, transferred the amount of KRW 15,000,000 to the F account on July 22, 2016 upon the Defendant’s request, KRW 15,000,000 to G and H account on October 18, 2016, and KRW 5,00,000,000 to the H account, respectively, and D transferred its claim against the Defendant on February 9, 2017 to the Plaintiff for payment on the ground that it was not recognized as the Plaintiff’s claim for payment of KRW 25,00,000 on the ground that it was not recognized as the Plaintiff’s claim for payment on the ground that it was the Defendant’s 20175,50868686.1.

The order was issued, and the decision became final and conclusive on February 20, 2018. D.

On the other hand, on March 7, 2017, the Plaintiff issued the instant payment order (Seoul Central District Court 2017 tea10667).