1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 6, 2010, the Plaintiff provided a loan of KRW 107,00,000 to the Defendant on April 30, 2011. The Defendant drafted three copies of the loan certificate (each of the KRW 60,000,000, KRW 30,0000, KRW 17,000,000, and KRW 17,000,000) on the loan principal (hereinafter “principal”).

B. On April 29, 2020, the Defendant, who was due on April 20, 2020, set the KRW 130 million up until August 30, 2020, and KRW 200 million up as of April 30, 2021, as to the loan amount of KRW 330 million without interest agreement, drafted a fair contract for monetary consumption lending and borrowing (hereinafter “fair”) with No. 722 of C’s certificate 2020.

(c)

On May 26, 2020, the Defendant paid 50,005,000 won to the Plaintiff on June 23, 2020, KRW 50,000,000, and KRW 10,000 on June 30, 2020, and KRW 50,005,000 on July 20, 2020, respectively.

(d)

Based on the instant work deed, the Plaintiff applied for compulsory auction on the real estate owned by the Defendant as Daejeon District Court D for the instant work deed.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap evidence of subparagraphs 1 through 3, Eul evidence of subparagraphs 1 through 3, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On June 2010, the Plaintiff asserted that the Plaintiff provided several additional loans to the Defendant in addition to the loan of the principal of the instant loan. As of August 2018, the Defendant paid 309,800,000 won to the Plaintiff as of August 2018.

On April 29, 2020, the Defendant: (a) acknowledged that the sum of the “original loan” to be repaid to the Plaintiff was KRW 330,000,000; and (b) drafted the instant fair deed; and (c) the delayed damages on the principal of the loan was not included in KRW 330,00,000 in the instant fair deed.

Therefore, the Defendant should pay to the Plaintiff the delayed damages of KRW 49,96,849 and the delayed damages for the principal of the instant loan.

B. The Plaintiff is based on the evidence No. 4-1 to No. 17.