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1.The judgment of the first instance shall be modified as follows:
The loan amount of KRW 22,00,000 between the Plaintiff and the Defendant on August 21, 2009.
Reasons
1. Basic facts
A. On January 27, 2011, the Defendant received from the Plaintiff a certificate of borrowing that the Plaintiff borrowed KRW 60,000,000 from the Plaintiff at a rate of 30% per annum on July 30, 201 and on July 30, 2011 (hereinafter “certificate of borrowing as of January 27, 201”).
B. On January 28, 201, the Defendant remitted KRW 60,000,00 to C’s account; KRW 60,000 from C’s account to the Plaintiff’s account on the same day; and on the same day, KRW 60,00,000 was withdrawn from the said account under the Plaintiff’s name on the same day.
C. On December 5, 2011, the Defendant remitted KRW 30,000,00 to the Plaintiff, and withdrawn KRW 30,000,000 from the Defendant’s account on January 6, 2012.
On December 9, 2011, the Defendant received from the Plaintiff a certificate of borrowing KRW 48,00,000 from the Plaintiff to the effect that the Plaintiff borrowed at the rate of 30% per annum on January 8, 2012, and on February 6, 2012, upon the Plaintiff’s delegation from the Plaintiff, the Plaintiff borrowed money as indicated in the above loan certificate, and the Plaintiff entrusted the Defendant with the preparation of a notarial deed stating that he/she would have no objection even if he/she was immediately subject to compulsory execution, and the notary public drafted a notarial deed of money loan agreement (hereinafter “notarial deed 1”) as stipulated in Article 499 of the former Joint Law Office 2012.
E. On January 3, 2012, the Defendant received from the Plaintiff a certificate of borrowing KRW 40,00,000 from the Plaintiff on February 2, 2012 that the Plaintiff borrowed at the rate of 30% per annum, and on February 6, 2012, upon delegation by the Plaintiff, the Plaintiff borrowed money from the Defendant as stated in the said loan certificate. On February 6, 2012, the Plaintiff commissioned the Defendant to prepare a notarial deed that he/she would have no objection even if he/she was immediately subject to compulsory execution, and the notary public entrusted the preparation of a notarial deed that he/she would have no objection even if he/she did not perform the said obligation.
2) 【No dispute over the grounds for recognition, Gap evidence No. 1-2, Gap evidence No. 1-4, Eul evidence No. 1, 2, 4.