1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. On April 9, 2002, the Plaintiff decided to lend KRW 3 million to the Defendant’s father D, and deposited KRW 2.7 million into the Defendant’s mother E’s Tong.

(hereinafter referred to as “first loan”). (b)

On December 18, 2002, the plaintiff lent 5 million won to the defendant's father D's father, and the notary public, which is the debtor's network D, E, the defendant's joint and several surety E, the defendant's South East Dong F, the defendant's repayment period of 6 million won, the payment period of 60 million won, February 28, 2003, and interest rate of 60% per annum, signed an authentic deed of money loan loan contract No. 11114, 202.

(hereinafter “Secondary Loan”) . (c)

On December 24, 2003, the Plaintiff: (a) lent KRW 5 million to be used as the Defendant’s registration fee (hereinafter “instant loan”); (b) a notary public, a debtor, a joint and several surety, a network D, a loan of KRW 10 million, a maturity of KRW 60,000,000, and a maturity of payment, April 26, 2004, and a maturity of KRW 60,000,000,000,000,000,000,000,000,00

(hereinafter referred to as “notarial deeds of this case”). 【No dispute exists, Gap evidence Nos. 1, 7, and Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above facts of recognition as to the plaintiff's cause of claim, the defendant is obligated to pay to the plaintiff the amount of KRW 10 million and the amount calculated by the rate of 30% per annum from December 24, 2003, which is the date of completion of the notarial deed of this case, to the date of full payment, to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's defense, etc.

A. The summary of the Defendant’s assertion 1) The actual debtor of the instant loan is the deceased, and the joint guarantor is the Defendant. As a result of mistake, a notarial deed in which the debtor and the joint guarantor are replaced by the defendant and the joint guarantor to the network D was prepared. After that, since the network D, the actual debtor of the instant notarial deed, dies, and all inheritors have renounced inheritance, the Plaintiff cannot file a claim against the Defendant under the instant notarial deed. 2) The network D is the first loan.