1. The Defendant shall pay to the Plaintiff KRW 44,748,924 and the interest rate of KRW 20% per annum from May 9, 2014 to the day of complete payment.

1. Facts of recognition;

A. The Plaintiff lent KRW 16.4 million to the Defendant by April 28, 2008, and the Defendant borrowed KRW 16.4 million to the Plaintiff on May 6, 2008 and issued a cash custody certificate to the Plaintiff on December 30, 2008.

B. Around July 2008, the Plaintiff received a loan of KRW 20 million from Hyundai Capital and lent it to the Defendant. On July 16, 2008, the Defendant issued a cash loan certificate to the Plaintiff that “it is confirmed that the Plaintiff kept custody of KRW 20 million” with respect to the above loan money. On the same day, the Plaintiff agreed to pay KRW 630,000 per month to the Plaintiff with the payment of KRW 630,000 per month in relation to the money to be repaid to Hyundai Capital. Accordingly, the said cash loan certificate shall be deposited from August 15, 2008 to the Plaintiff’s passbook.

“The content was written and stated.”

C. The defendant Na

1890,000 won was paid for the loan of the claim.

The plaintiff filed a complaint against the defendant as a crime of fraud. The defendant was prosecuted by Seoul Eastern District Court 2010dan2492, and was sentenced to a suspended sentence of two years on January 20, 201. The above judgment became final and conclusive around that time.

E. By July 15, 2012, the Plaintiff repaid the principal amount of KRW 20 million and interest KRW 10,238,924 to the Hyundai Capital Capital.

[Grounds for Recognition: Evidence No. 1-3, Evidence No. 4-1, 2-2, and the purport of the whole pleadings]

2. Determination

A. According to the above facts, the Defendant is obligated to pay the Plaintiff with the borrowed amount of KRW 44,748,924 ( KRW 10,238,924 - KRW 1890,000) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 9, 2014 to the date of full payment, following the day following the day on which a copy of the instant complaint was served.

B. The defendant's defense is determined on November 23, 2009 between the plaintiff and the plaintiff on November 23, 2009, and in lieu of the payment of the debt of the loan of this case, 66,116 square meters of C forest land owned by the defendant in Chuncheon City, 3.