1. The Defendant’s KRW 32,00,000 as well as 5% per annum from July 15, 2017 to May 23, 2018 to the Plaintiff.

1. Facts of recognition;

A. On September 9, 2008, the Plaintiff lent KRW 50 million to the Defendant (hereinafter “instant loan”) by means of remitting KRW 50 million to C’s account under the name of the Defendant.

B. The Plaintiff has been paid KRW 18 million out of the instant loans by the Defendant until now.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of claim, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at a rate of 15% per annum as stipulated in the Civil Act from July 15, 2017, the day following the service of the original copy of the instant payment order, as sought by the Plaintiff, to the extent of the existence and scope of the obligation to pay the Plaintiff, from July 15, 2017 to May 23, 2018, which is the date the judgment of this case is rendered (the Plaintiff accepted the Defendant’s partial claim for payment and received reimbursement of KRW 18 million from the Defendant on the second date for pleading), and from the following day to the day of full payment.

B. As to the Defendant’s assertion and its determination, the Defendant asserts to the effect that the Plaintiff’s claim of this case is unjustifiable, since the Defendant transferred to the Plaintiff a promissory note claim amounting to KRW 100 million, which it had held against D at the time, in preparation for the case where the Defendant did not repay the instant loan

The plaintiff is also the plaintiff who received promissory notes from the defendant as a collateral for the loan of this case. However, there is no evidence to acknowledge that the promissory notes were delivered as a substitute payment rather than a collateral. Thus, the defendant's above assertion is without merit.

3. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remaining claims are dismissed as they are without merit.