1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is ordered.

1. On June 31, 2013, the Plaintiff: (a) set the monthly rent of KRW 1,000,000 as KRW 20,000,000 from the Defendant for a restaurant located in the first floor of the Gangnam-gu Seoul building leased by the Defendant; and (b) paid the Defendant deposit of KRW 20,000,000 and KRW 12,000,000 in advance for a year rent to the Defendant.

In September 2013, the original Defendant agreed to return to the Plaintiff KRW 9,000,000 out of the paid-in advance payment, while concluding the said sub-lease agreement.

The Plaintiff lent KRW 5,00,000 to the Defendant during August 2013.

The Plaintiff demanded the Defendant to repay the total amount of KRW 14,00,000 (i.e., KRW 9,000,000 in advance return of KRW 5,000,000). The Defendant borrowed KRW 14,00,000 on January 16, 2014 to the Plaintiff on July 31, 2014.

“Around July 31, 2014, “a letter of loan was drawn up and issued, and on July 31, 2014, a certificate of loan was drawn up that “The repayment of KRW 14,980,000, including KRW 14,000 and interest KRW 980,000 (applicable to interest rate of KRW 7%) up until that time, will be made by July 2015.”

The Defendant repaid KRW 4,120,000 to the Plaintiff by February 12, 2016, and the Plaintiff appropriated the repayment of principal.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Comprehensively taking account of the above facts acknowledged as the cause of the claim, the Defendant is obligated to pay to the Plaintiff 9,880,000 won (i.e., KRW 14,00,000 - repayment 4,120,000) and damages for delay calculated at each rate of 7% per annum from February 13, 2016 to June 2, 2017, which is the day following the final payment as sought by the Plaintiff, from February 13, 2016 to June 2, 2017, and from the next day to the day of full payment.

3. The Defendant’s assertion is not different for the Plaintiff to request that the loan certificate as of January 16, 2014 and the loan certificate as of July 31, 2014, which was prepared by the Plaintiff, be presented to the Plaintiff.