대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
Since the reasoning of the judgment is the same as that of the judgment of the court of first instance, it shall be quoted by the main sentence of Article 420 of the Civil Procedure Act.
However, the reasoning of the judgment of the court of first instance shall be partially dismissed as follows:
1. The term “mining income” in the second bottom of the judgment shall be read as “mining area acquisition fund”.
2. From 3 to 4th place in the judgment, “No evidence exists to acknowledge the existence of the Defendant’s claim for penalty, and the above assertion is without merit” means that there is no evidence to acknowledge that the Defendant has created the claim for penalty under Article 20 of the Evidence No. 1 (Joint Investment Contract). In addition, since the parties to the contract No. 1 are not the Plaintiff individual, but the Plaintiff is a corporation with the representative director, it is not a claim for offset against the Plaintiff’s claim for the loan sought by the Plaintiff individual. Accordingly, the Defendant’s assertion is rejected.”
If so, the judgment of the first instance is justifiable.
The defendant's appeal disputing this issue is rejected and dismissed.