1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from September 23, 2016 to the day of full payment.

1. Basic facts and the key issue are: (a) around May 23, 2007, the Defendant borrowed KRW 80,000,000 to the Plaintiff; and (b)

6. Until May 2, 2008, 55,000 won was to be repaid and delivered to the Plaintiff by drawing up a loan certificate to the effect that the Defendant will be responsible for the failure to repay the Plaintiff, and the Defendant shall apply for each bankruptcy and immunity as the District Court Decision 2008Hadan1987 and 2008Ma1987 around 2008 and shall be declared bankrupt on or around June 30, 2008, and the decision above shall be confirmed as it is, and the decision becomes final and conclusive, and the Defendant shall be recognized by taking full account of no dispute between the parties who did not enter the obligation to the Plaintiff in the creditor list or the purport of the entire pleadings as set forth in subparagraph 1 as a whole.

The plaintiff asserts that the defendant paid only KRW 20,000,000, and the remaining amount was claimed by the defendant. The defendant did not borrow money from the plaintiff but incurred losses of KRW 60,000,000 while managing the plaintiff's funds entrusted by the plaintiff, and the above loan certificate was issued, and as long as the bankruptcy is declared and immunity is granted, the defendant exempted the plaintiff from liability for the debt.

Accordingly, the plaintiff asserts that the exemption effect does not extend to the plaintiff, since the defendant did not intentionally state the plaintiff's claim in the creditor list.

2. Determination

(a) The existence and recognition of an expression of intent in accordance with the contents of the document should be made, unless there is clear and acceptable counter-proof that the contents of the document would be denied when the occurrence of an obligation resulting from the borrowing of funds is deemed to be genuine;

In addition, as seen above, insofar as the Defendant borrowed KRW 80,00,000 to the Plaintiff and prepared a certificate of loan to the effect that it would repay the above money, it is recognized that the Defendant borrowed the said money from the Plaintiff, and otherwise, the Defendant prepared the above certificate of loan without the Defendant’s intent to pay the said money without any actual loan.