1. The Defendant’s KRW 26,300,000 and the Plaintiff’s annual rate of KRW 5% from November 6, 2012 to November 2, 2016.

1. Basic facts

A. On November 5, 201, the Defendant drawn up and issued to the Network C a loan certificate stating that “I will receive and borrow the said amount regularly from you. From November 5, 2011 to November 5, 2012” (hereinafter “the first loan certificate”) and “I will receive and borrow the said amount in full from you, the sum of KRW 25,300,000,000 including the total amount of daily deposit, and the said amount as “I will receive and borrow from you.” (hereinafter “the second loan certificate”) with the terms “from November 5, 2011 to November 5, 2012.”

B. C died on December 24, 2015, and around 2016, it concluded an agreement on the division of inherited property between co-inheritors of the deceased on the division of inherited property with the effect that the Plaintiff succeeds to the claims stated in the said loan certificate.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserts that since the defendant did not repay the borrowed amount as stated in the first and second loans, the plaintiff is obligated to pay the total of KRW 41,300,000 as the above borrowed amount.

On November 5, 2011, the Defendant first prepared the certificate of borrowing to the network C at the time of preparing and delivering the certificate of borrowing, and again prepared the certificate of secondary use including the amount of borrowing the certificate of primary use. The Defendant asserts that the amount of borrowing the certificate of secondary use was repaid to the network C in full by the method of paying the deposit amount of KRW 750,000 per month.

B. In full view of the following circumstances, the facts acknowledged as 1 as above, namely, ① each of the instant loan certificates was prepared on the same day, and in particular, the secondary loan certificates indicated as “total amount of KRW 26,300,000,00,000, including the total amount,” and ② if the Defendant borrowed KRW 41,30,000,000 from the network C on the same day, the amount of the secondary loan certificates is included in the amount of the secondary loan certificates divided as above.