1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

3. After remand.

1. Facts of recognition;

A. Upon receiving a request from the Defendant to lend money on August 12, 2008, on August 12, 2008, the Plaintiff: (a) completed the registration of the establishment of a mortgage for the entire amount of C share out of 21,272 square meters of Gyeonggi-gun D forest owned by the Defendant’s wife C (hereinafter “instant real estate”); and (b) transferred KRW 47,957,500 to C’s deposit account on August 13, 2008 on the following day.

B. On August 13, 2008, the Plaintiff remitted KRW 47,957,50 to C’s deposit account, and immediately after sending KRW 52,50,00 to the Defendant, the Plaintiff sent the Defendant “written statement stating the Plaintiff’s deposit account number of the Plaintiff’s deposit account for the amount of KRW 50,000, the amount of KRW 652,500, the amount of KRW 800,000, the amount of KRW 590,000, the amount of KRW 2,042,50,000, which was deducted from the amount of KRW 50,000, and KRW 47,957,50.”

C. The Defendant transferred 800,000 won interest on September 20, 2008 to the Plaintiff’s deposit account known to the Plaintiff as above.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 5 (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that on August 13, 2008, the plaintiff lent interest of KRW 50,000,000 to the defendant as interest rate of KRW 80,000 per month (1.6% per month) (hereinafter "the loan of this case", and the above loan of this case was "the loan of this case"). The defendant only paid interest for two months, but did not pay the remaining interest and principal. Thus, the defendant asserts that he has the obligation to pay the principal and unpaid interest of the loan of this case to the plaintiff.

In this regard, the defendant borrowed the loan of this case from the defendant's wife, not from the defendant's loan, and Eul completed the registration of creation of a neighboring mortgage on the real estate of this case owned by it to secure this.