1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1. Basic facts
A. As of June 10, 201, between the Plaintiff and the Defendant, a monetary loan agreement (Evidence 1) was concluded between the Plaintiff and the Defendant, stating that “the Plaintiff lent KRW 66 million, which is the land litigation and all expenses, on June 10, 201, to the Defendant, and the Defendant borrowed this. The due date shall be June 10, 2012.” The said monetary loan agreement was signed with the Plaintiff and the Defendant respectively, and the said monetary loan agreement was signed and sealed.
B. From June 10, 201 to August 29, 2011, the Plaintiff remitted total of KRW 60 million to the Defendant’s account.
C. On May 9, 2014, the Defendant prepared a document (Evidence A 3) stating that “The Defendant shall pay the Plaintiff the principal amounting to KRW 60 million and interest KRW 9.6 million by December 10, 2014.” (No. 3) to the Plaintiff.
On December 9, 2014, the Defendant prepared a document (Evidence A 4) stating that “The Defendant would pay the Plaintiff the principal amount of KRW 60 million and interest KRW 10 million by June 10, 2015.” (Evidence A 4) to the Plaintiff.
E. On September 24, 2015, the Defendant prepared a document (Evidence 5) stating that “The Defendant shall pay 70,200,000 won to the Plaintiff by September 10, 2015, and the Defendant shall pay the Plaintiff KRW 70,20,000 and interest KRW 2,00,000,000 to the Plaintiff by October 10, 2015, on condition that the Defendant shall pay the Plaintiff KRW 70,40,000,000 in total by October 10, 2015 if he/she fails to pay the interest of KRW 20,000 per month from October 10, 2015.”
F. The defendant finally said E to the plaintiff.
Although the document described in the paragraph was prepared and presented, only one million won interest for a total of five months until March 10, 2016 is paid and the remaining interest and principal are not paid.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of claim, the Plaintiff lent KRW 60 million to the Defendant on June 10, 201, and the Defendant agreed to pay the principal and interest of the above loan over several times to the Plaintiff as the Defendant did not repay the loan.