대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
The first instance court.
1. The reasons why the court will describe this case are as stated in the reasoning of the judgment of the first instance except for adding the following judgments, thereby citing this case by the main sentence of Article 420 of the Civil Procedure Act.
2. The defendant asserts that the first instance court's determination of the amount of debt acquisition as the claim is unlawful because it violated the principle of pleading, even though the plaintiff did not change the cause of the claim into the claim for debt acquisition in the loan claim.
However, according to the records of this case, it can be recognized that the plaintiff asserted that the plaintiff seeks the payment of the agreed amount based on the loan certificate of this case and the statement of payment from the first instance trial to the appellate trial, and the defendant's assertion of violation of the principle of pleading cannot be accepted unless the plaintiff explicitly asserts the claim for the agreed amount based on the loan certificate of this case and the statement of payment on the first instance trial date.
3. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.