1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The Plaintiff asserted that, around June 2006, the Plaintiff loaned KRW 60 million to the Defendant and lent KRW 20 million to the Defendant and the Defendant’s wife C several times on and around June 1, 2007, in addition to the completion of the registration of creation of a neighboring mortgage on the apartment owned by the Defendant, the Plaintiff separately lent KRW 20 million to the Defendant and the Defendant’s wife C. As such, the Plaintiff claimed for payment of KRW 20 million and delay damages.

B. The defendant's assertion that the defendant needs business funds, and he first met the plaintiff through the wife C, and it was believed that C already received KRW 20 million from the plaintiff, and prepared and issued a certificate of loan of KRW 20 million to the plaintiff around August 2006, and completed the registration of creation of a mortgage with the maximum debt amount of KRW 60 million to the apartment owned by the defendant, but there was no additional loan from the plaintiff. On June 1, 2007, there was no additional loan from the plaintiff, and there was no loan from the plaintiff around June 1, 2007, no loan certificate of KRW 3 was prepared, and the above loan certificate was forged based on the loan certificate prepared around August 2006.

2. Determination

A. The facts of recognition (1) on July 14, 2006, the Defendant purchased the D apartment Nos. 1401, 508 (hereinafter “instant apartment”) of Goyang-gu Seoul Metropolitan Government in KRW 97,800,000, and completed the registration of the transfer of ownership. On August 3, 2006, the Defendant completed the registration of the establishment of the instant apartment, which became the Plaintiff, on August 3, 2006.

(2) On August 8, 2008, the Plaintiff received a voluntary decision to commence the auction of the apartment of this case from the Jung-gu District Court Goyang Branch E, and received dividends of KRW 47,871,025 in the said voluntary auction procedure.

(3) During the period from January 1, 2006 to December 31, 2007, there was no details of transfer from the new bank and the national bank account under the Plaintiff’s name to the Defendant. The amount transferred under the Defendant’s name C is KRW 109,050,00 in total, and the amount transferred by the Plaintiff from C is KRW 101,650,00 in total, and the Defendant is the Defendant.