공사대금
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. Scope of the judgment of this court;
A. In the first instance trial, the Plaintiff sought payment of KRW 35,100,000 for the construction cost and KRW 15,000 for the existing loan to the Defendant.
The court of the first instance accepted all of them.
B. Of the part against the first instance court, the Defendant filed an appeal only against the 15 million won loan.
Therefore, the subject of this Court's adjudication is limited to the Plaintiff's existing loan 15 million won claim.
2. Basic facts
A. The Plaintiff was awarded a partial subcontract from B to perform the said construction work by carrying out the said construction work in KRW 35.1 million.
(hereinafter referred to as “D Corporation”). (b)
On February 7, 2011, the Defendant drafted a letter of payment (hereinafter “instant letter of payment”) on the sum of KRW 35,100,000 and KRW 15,000,000,000,000 (hereinafter “the instant loan”) that the Defendant previously assumed against the Plaintiff (hereinafter “the instant letter of payment”).
C. Meanwhile, from December 2008 to August 2010, the Plaintiff lent funds necessary for the Defendant’s business several times to the Defendant, and the Defendant drafted four separate loan certificates (hereinafter “ separate loan certificates”) as follows, respectively, to the Plaintiff.
1) Loans with a first loan certificate: 10 million won: The second loan certificate on March 11, 2009: February 11, 2009: interest on KRW 50 million: the first loan certificate on September 30, 201; and
9. Where payment has not been made by 30. By December 31, 2009, two copies of interest shall accrue from the first date ( December 31, 2009).
[] Date of preparation: The loan certificate No. 3 of December 31, 2009: 11,617,142 on the date of repayment: February 28, 2011: The date on which the loan certificate No. 4 was issued: February 7, 2011: the date on which the loan certificate No. 10 million won was issued: February 28, 201: Interest on February 28, 201: February 8, 2011: the date on which the second copy of the loan certificate was made; February 8, 2011
3. The parties' assertion
A. The plaintiff's assertion.