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. The following facts may be found either in dispute between the parties or in Gap evidence Nos. 1 to 11 (including each number; hereinafter the same shall apply) and Eul evidence No. 1, together with the whole purport of the pleadings:
On July 20, 2006, the Plaintiff entered into an agreement with the Plaintiff on July 20, 2006 to deposit the amount of intermediate payment from the Plaintiff, and to deposit the amount into the deposit account in the contract for sale of loans in installments according to the payment schedule set out by the Plaintiff.
B. On December 31, 2007, the Defendant concluded a sales contract (the sales contract in this case) with 55 square meters on the first floor (8.73 square meters of exclusive use area, 2.132 square meters of housing site shares) of the building C on the land outside Seoul, Gwanak-gu, Seoul, and 15, and paid 34,920,234,000 won (the contract amount shall be 52,370,000 won, the intermediate payment shall be 34,920,000 won, or 52,370,000 won every two months from January 14, 2008 to January 14, 2009, and the remainder shall be 244,420,000 won, and 52,444,0000,000 won on the date of occupancy at the first day of the scheduled date of the loan for the intermediate payment by the Defendant to the first day before the scheduled date of the loan.
C. On January 14, 2008, the Plaintiff entered into a contract with the Defendant for a loan of KRW 98,60,000 on a loan rate of KRW 98,60,00 for the payment of intermediate payment under the instant sales contract (hereinafter “the instant loan contract”) on January 14, 201, and then entered into a contract for the loan of KRW 98,60,000 in total with KRW 98,60,60,000 (=34,920,000 on January 14, 2008; KRW 34,920,000 on March 14, 2008; KRW 34,920,000 on May 14, 2008; + KRW 34,920,000 on KRW 34,920,000 + KRW 30,000 on January 14, 200; and