1. The Defendant shall pay to the Plaintiff KRW 44,045,00 and the interest rate of KRW 20% per annum from April 14, 2015 to the day of complete payment.

Basic Facts

The Plaintiff paid KRW 10 million to the Defendant’s account on November 15, 2010, KRW 16.1 million on May 16, 2011, KRW 5 million on March 20, 2012, and KRW 10 million on March 30, 2012.

On March 30, 2012, the Defendant, the Defendant’s husband C, and Nonparty D borrowed KRW 20 million from the Plaintiff, and written a letter (Evidence A2) that received the fraternity. However, the Defendant and D respectively signed and sealed it as a surety.

On May 30, 2012, the Plaintiff paid KRW 5 million to the Defendant’s account and received a certificate of borrowing (Evidence 1) stating that the Plaintiff borrowed KRW 5 million from the Defendant on the same day.

around October 2013, the Defendant prepared a certificate (Evidence A 3) stating that the Plaintiff shall complete payment as of October 2013, 2013, the amount of which is KRW 19,045,000, to the Plaintiff.

[Ground of recognition] The plaintiff asserts that the borrower who is obligated to pay the above loan and the fraternity shall be the defendant, as well as Gap 1 through 4, and the purport of the whole argument.

In this regard, the defendant argued that he is not a person who borrows the borrowed money, but a person who borrows the borrowed money must pay the borrowed money. D also testified to the effect that he is present in this court as a witness and corresponds to the defendant's argument.

Even if a person actually engaged in money was another person, if a loan contract for consumption was concluded between the parties as stated in the loan certificate and the letter at the request of the borrower to write a loan certificate and provide a security in his/her name, it shall be deemed that the loan contract was concluded between the parties as stated in the loan certificate and the letter.

(See Supreme Court Decision 91Da25468 delivered on October 22, 1991, etc.). In full view of the above legal principles and the facts acknowledged earlier, Gap evidence No. 5, witness Eul's testimony, and the following circumstances acknowledged by the purport of the entire pleadings, a person who is obliged to repay the above borrowed money and the fraternity shall be the defendant.

① The Plaintiff, not D, received a loan and a certificate from the Defendant with respect to the loan and the fraternity.