1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Grounds for claim;

가. 기초사실 1) 원고는 피고에게 2011. 2. 18. 9,900만 원을 송금하고, 100만 원을 현금으로 지급하여, 합계 1억 원을 건넸다. 2) 피고는 원고에게 2011. 7. 16.자로 변제기 2012. 8. 15., 차용금 1억 원의 차용증을 작성하여 교부하였다.

3) On July 20, 201, the Plaintiff completed the registration of creation of a mortgage with the debtor, the defendant, and the maximum debt amount of KRW 100 million with respect to the FF Loans 202 owned by Seongbuk-gu, Sungnam-gu, Seoul, which was held by E on July 20, 201.

B. According to the above facts of recognition, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum from November 22, 2012 to the day of full payment, which is the day following the delivery of the complaint of this case sought by the Plaintiff, to the day of delivery of the loan amount of KRW 100 million, barring special circumstances to the Plaintiff.

2. Judgment on the defendant's assertion

A. The Defendant asserted that he was recommended by the Defendant to make an investment in C (hereinafter “C”) from a police officer in early 2010, and the Plaintiff began to make an investment in C along with the Plaintiff. The Plaintiff first invested a small amount of money at first, and invested KRW 100 million on February 18, 201 upon receiving an investment scheme of KRW 100 million.

C Representative Director G fraud, etc. makes it difficult to recover the investment amount due to the Plaintiff’s wife, and as D requires divorce, the Plaintiff asked the Defendant to prepare a loan certificate as necessary to know the Defendant’s wife.

The amount of KRW 100 million sought by the Plaintiff is not a loan to the Defendant, but a loan to C, and the Defendant only prepared a false loan certificate at the Plaintiff’s request.

This is null and void as a conspiracy, and it is known that the plaintiff is not a true person, so the plaintiff cannot respond to the plaintiff's request.

(b)if the parties to the determination prepare in writing a disposal document between them, special circumstances.