1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from July 27, 2018 to the date of full payment.

1. Facts of recognition;

A. The Plaintiff transferred KRW 100 million to the Defendant on September 19, 2008.

On September 22, 2008, the Defendant remitted 50 million won to C out of the money remitted on the same day, and remitted 50 million won to E, which was the representative director of D Co., Ltd. (hereinafter “Nonindicted Company”).

B. On August 28, 2013, the Defendant drafted a written confirmation to the Plaintiff that “The Defendant borrowed KRW 100 million from the Plaintiff on September 19, 2008 and paid it to F, and the Defendant is unable to pay the borrowed money due to economic difficulties” (hereinafter “the said written confirmation”).

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings]

2. Determination

A. In full view of the above facts acknowledged, the Defendant appears to have borrowed the above KRW 100 million from the Plaintiff. As such, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from July 27, 2018 to the day following the delivery date of the original copy of the instant payment order, as requested by the Plaintiff, to the day of complete payment.

B. The defendant's assertion 1) The defendant requested the plaintiff to lend KRW 100 million to the non-party company upon the request of the representative director E of the non-party company. The defendant transferred KRW 100 million from the plaintiff to the non-party company C, the creditor of the non-party company, paid KRW 50 million, and remitted KRW 50 million to E, the representative director of the non-party company, and the above confirmation document was prepared differently from the plaintiff's facts at the plaintiff's request when the plaintiff was under criminal trial. Thus, the party who borrowed KRW 100 million from the plaintiff is the non-party company, according to the evidence Nos. 2 and 4, the defendant requested the plaintiff to lend KRW 100 million to the plaintiff at the request of the non-party company E, the representative director of the non-party company.