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1. The plaintiff,
A. The obligation to borrow KRW 85,000,000 by means of a cash loan increase as of August 22, 2014 between Defendant B and this obligation.
Reasons
1. Facts of recognition;
A. On August 22, 2014, D, the Plaintiff’s wife, such as transactions between D and Defendant B, requested D to lend KRW 30 million to Defendant B. (2) Defendant B demanded D to prepare a certificate of borrowing KRW 85 million in total of the existing debt and the amount to be newly borrowed, and Defendant B issued a draft of delegation with the purport that: (a) the borrower demanded D to prepare a certificate of borrowing KRW 85 million in total; (b) the draft of cash loan in which the borrower stated as the Plaintiff; and (c) the draft of the claim transfer contract with the purport that the Plaintiff transfers the claim for the refund of the deposit for the deposit to Defendant B, and that the Plaintiff delegate the authority for the said monetary loan and the assignment of claims to D.
3) On August 22, 2014, D had the Plaintiff’s seal impression affixed to Defendant B on the side of the Plaintiff’s name stated in the draft of the said cash loan certificate and the bond transfer and takeover contract. The Plaintiff’s seal impression is indicated below, and D’s seal impression is indicated on the next page of D’s name, and D’s seal impression is affixed to D’s seal impression (hereinafter “this case’s cash chassis”).
(D) On August 22, 2014, Defendant B issued to Defendant B a certificate of a deed signed by a private person issued by a notary public as of August 29, 2014, as of August 29, 2014, with the Plaintiff’s seal impression and identification card attached thereto, along with the Plaintiff’s seal impression and identification card attached to the Plaintiff’s name. (4) Defendant B and D received a certificate of a deed signed by a private person issued by a notary public as of August 29, 2014.
5) On September 23, 2014, Defendant B sent to F, a lessor of the instant real estate, a content-certified mail stating that “Defendant B acquired the right to refund the deposit on a deposit basis with respect to the instant real estate, and thus, requested the Plaintiff, a lessee, to return the deposit on a deposit basis.” (B) Defendant C, a transaction between D and Defendant C, etc. (i) KRW 35 million on November 13, 2012, and KRW 50 million on December 27, 2012.