1. The Defendant’s KRW 120,000,000 as well as 5% per annum from September 1, 2017 to April 2, 2018 to the Plaintiff.

The defendant is a person who is registered as a personal business operator who operates "D" (hereinafter referred to as "D") located in Gyeyang-gu Seoul Metropolitan City C and 104 Dong 501.

From May 15, 2017 to June 15, 2017, the Plaintiff remitted total of KRW 119,157,000 to the account under the name of the Defendant, and KRW 20,157,000 to the account under the name of the lessee of machinery used in D.

On June 2017, the Defendant prepared a loan certificate stating that “the Plaintiff shall borrow KRW 120 million from the Plaintiff until August 30, 2017” (hereinafter “the loan certificate of this case”) and issued the Plaintiff with his name and resident registration number stated at the lower end.

On October 19, 2017, the Plaintiff urged the Defendant to pay the borrowed amount of KRW 120 million.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence Nos. 1 through 3 (including partial number of evidence, hereinafter the same shall apply), and judgment documents as to the cause of claim based on the whole purport of pleadings are deemed to be genuine, so long as the court recognizes the authenticity of its establishment, it shall recognize the existence and content of the declaration of intent in accordance with the terms and conditions stated in the disposition documents unless there is clear and acceptable counter-proof as to the denial of the contents stated therein (see, e.g., Supreme Court Decision 2002Da6753, Jun. 11, 2002). According to the above facts, it is recognized that the defendant agreed to pay to the plaintiff KRW 120 million by preparing and delivering the loan certificate of this case on June 30, 2017.

Therefore, the Defendant is obligated to pay to the Plaintiff 120 million won with 5% interest per annum as prescribed by the Civil Act from September 1, 2017, which is the day following the due date to which the original copy of the instant payment order was served on the Defendant from September 1, 2017 to April 2, 2018, and 15% interest per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The defendant's decision as to the defendant's assertion is under the name of F, the actual representative of D.