1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. On April 26, 2006, the Defendant entered his resident registration number in front of the Defendant’s name and issued a seal, and received five million won from the Plaintiff in the account on the same day, on the following day.

The borrowing date of cash loan certificate: 5 million won: On April 26, 2006, the date of maturity: A special engineer: on December 31, 2006, in purchasing in the name of D (the mother of the borrower) Nos. 910 of the Jung-gu Daejeon, Daejeon, Daejeon, the Defendant, the actual resident of the Plaintiff, borrowed 5 million won as required. The above agreement is made to repay on the repayment date.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Assertion and determination

A. According to the above facts, the defendant borrowed 5 million won from the plaintiff and agreed to repay it.

Unless there are special circumstances, the defendant is obliged to pay 5 million won and damages for delay to the plaintiff.

B. Defendant’s assertion and judgment 1) The Defendant prepared the instant loan certificate to the Plaintiff and received KRW 5 million from the Plaintiff. However, the Plaintiff merely prepared a loan certificate in the form that the Plaintiff paid part of his father’s criminal agreement amounting to KRW 35 million. Even if the loan was borrowed, ten years have passed since the loan was borrowed. 2) The extinctive prescription expired since each of subparagraph 1, 2, 2, 5, 6, 7, 8-1, 8-2, and 8-1, 5, 6, 7, and 8-2, according to the purport of the entire pleadings and arguments, the Defendant purchased from F in the name of the mother, and paid KRW 30 million to the Plaintiff at the time of the purchase, etc. (hereinafter “instant apartment”). The Defendant had decided to commence the auction auction as to the above apartment, and had decided to commence the auction.