1. The Defendant’s KRW 250,000,000 as well as the Plaintiff’s 25% per annum from May 11, 2017 to January 3, 2019.

1. Basic facts

A. The Plaintiff prepared a loan certificate with the following contents (hereinafter “the loan certificate of this case”) to the Defendant and sent the letter to the Defendant. The Defendant sent the above contents to the Plaintiff again.

The creditor of the loan certificate: The debtor, the defendant, the defendant, borrowed the amount of KRW 250 million from the creditor C to the non-interest on May 10, 2008.

Where the debtor does not repay to C by May 10, 2017, the defendant promise to pay 30 pro rata interest per annum.

on October 30, 2016

B. C was killed on October 30, 2016 and was put to C as C’s heir, and there is D or maternal E.

C. Around September 4, 2018, D and E transferred to the Plaintiff each of the claims of the deceased against the Defendant, with KRW 125 million, and notified the Defendant of each of the above claims assignment by content-certified mail on September 28, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 16, purport of the whole pleadings

2. The parties' assertion

A. Plaintiff C lent KRW 250 million to the Defendant, and the Defendant, preparing the instant loan certificate, agreed to pay up to May 10, 2017.

C A. D, a parent-child E succeeded to each claim of 1/2, and D, and E transferred the above claim to the Plaintiff.

Therefore, the defendant is obligated to pay the above KRW 250 million to the plaintiff who is the transferee and the delay damages.

B. The Defendant did not borrow KRW 250 million from the Defendant C, and the instant loan certificate is merely the Defendant’s arbitrary possession of the same as C.

3. Determination

A. The Plaintiff prepared the instant loan certificate and sent it to the Defendant, and the Defendant sent it again to the Plaintiff as seen earlier.

However, the following circumstances, i.e., ① the C and the Defendant associated with the defense, and on October 30, 2016, the traffic accident was caused by the Plaintiff.