1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C borrowed money from around 2010 to the Defendant on several occasions as a person who directly lends money or mediates bonds, and C borrowed money from his own funds or money from another person, and upon receiving a certificate of loan from the Defendant, C was in the form of a loan certificate for lending money from another person.

B. On July 11, 2011, the Defendant: (a) prepared a monetary lending contract in which C had a maturity of KRW 30 million (hereinafter “instant loan”); (b) 2.5% of the monthly interest on October 11, 201; (c) 4% of the interest payment at the time of default on the three-day payment in arrears; and (d) the payment date of interest on the ten-day payment date of the instant loan (hereinafter “instant monetary lending contract”); (c) on the basis of the letter of delegation requesting C to prepare a notarized deed of the said monetary lending contract, the Defendant drafted and issued the maturity on August 15, 201.

(hereinafter referred to as “the instant delegation”). The said monetary lending contract and the power of attorney also drawn up a blank letter for both the lender and the lender.

C. On April 20, 2016, C transferred the instant loan claims to the Plaintiff. On May 9, 2016, C notified the Defendant of the assignment of claims by content-certified mail.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay the plaintiff the above loan amounting to KRW 30 million and the agreed interest rateing to KRW 43,875,00 for 58.5 months (=30 million x 2.5% per month x 58.5 months) and delay damages from the date following the delivery of the original copy of the payment order of this case as to KRW 73,875,000 for the above loan amounting to KRW 30 million.

B. The Defendant’s assertion 1) C is unlawful since, although there is no relationship between the Plaintiff and the Plaintiff, C, in fact, filed a lawsuit in the instant case by means of a formal assignment procedure, and thus, C is unlawful.