2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. From January 24, 2017 to March 25, 2017, the Plaintiff lent a total of KRW 35 million to the Defendant, and the Defendant paid only KRW 9.5 million among them.

Therefore, the Defendant is obligated to pay the remaining loan amounting to KRW 26 million ( KRW 35 million - KRW 9.5 million) to the Plaintiff.

B. On February 24, 2017, the Defendant borrowed only KRW 10 million from the Plaintiff, and the Plaintiff’s payment to the Defendant exceeding the above KRW 10 million was entirely lent to C through the Defendant, and the Defendant did not borrow money.

From March 15, 2017 to February 12, 2018, the Defendant repaid to the Plaintiff the above loan amount of KRW 10 million.

Therefore, there is no remainder of the loan that the Defendant is obligated to pay to the Plaintiff.

2. Determination

A. On February 24, 2017, the Plaintiff’s lending KRW 10 million to the Defendant on the ground of the claim was without dispute between the parties. On the other hand, on February 24, 2017, the Plaintiff asserted that the Defendant lent KRW 20 million to the Defendant, and the Plaintiff submitted a letter of payment (Evidence A) prepared by the Defendant on February 24, 2017. However, the said letter of payment was written on the “10 million won,” and it was recognized that the Plaintiff submitted the instant lawsuit by arbitrarily deeming that the said letter of payment was made on the “20 million won.”

(A) In full view of the purport of the entire pleadings, the Plaintiff’s loans to the Defendant from January 24, 2017 to March 25, 2017, in addition to loans of KRW 10 million from February 24, 2017, as well as loans of KRW 25 million from February 24, 2017.

B. On the other hand, from January 31, 2017 to February 12, 2018, the Plaintiff was paid KRW 9.5 million out of the total amount of the above loans from the Defendant ( KRW 10 million, KRW 25 million, KRW 25.5 million), and considering the overall purport of the pleadings in the items of evidence Nos. 2 and 3 and evidence No. 1, the Defendant is from February 1, 2017 to February 12, 2017. < Amended by Act No. 14550, Feb. 1, 2017>