대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. According to the overall purport of Gap evidence Nos. 1 through 4 as to the cause for the claim, the plaintiff may recognize the fact that the plaintiff remitted to the defendant the total sum of KRW 5 million on October 24, 2013, KRW 2 million on October 30, 2013, KRW 5 million on November 13, 2013, KRW 15 million on November 25, 2013, and KRW 15 million on November 25, 2013. Since the defendant borrows money from the plaintiff around that time, the defendant has a duty to pay to the plaintiff delay damages calculated at the rate of KRW 15 million on the day following the delivery date of a copy of the complaint of this case sought by the plaintiff, barring any special circumstance.
(1) The court of first instance held that the Defendant exempted the Defendant from the obligation to return the loan by stating that it would be appropriate for the Defendant to borrow money from the Plaintiff at the date for pleading of the first instance court, and that there was no ground for the Defendant to repay the said loan since the Plaintiff was paid the said money to the Defendant. However, there is no evidence to acknowledge that the confession was contrary to the truth and due to mistake, and there is no reason to acknowledge that the confession was due to mistake. 2. As to the Defendant’s defense, the Defendant asserted that the Defendant exempted the Defendant from the obligation to return the loan after borrowing the above loan from the Plaintiff. However, there is no evidence to prove that the Plaintiff exempted the Defendant from the obligation to return the loan. Accordingly, the Defendant’s assertion is without merit.
3. The judgment of the court of first instance, which concludes with this conclusion, is justifiable, and the defendant's appeal is dismissed as it is without merit.