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 defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance was examined together with the evidence submitted in the court of first instance (written evidence No. 11), the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning for the court's explanation on the instant case is as stated in the reasoning of the judgment of the first instance except for the defendant's new argument that is favorable to the present court, as stated in paragraph (2) below. Thus, this Court cites it as it is by the main text of Article 420

2. Additional determination

A. The Defendant’s assertion, even if the Defendant is liable for the Plaintiff’s debt amounting to KRW 200 million, the Defendant prepared a loan certificate to the Plaintiff on October 4, 2017 with a view to repaying the Plaintiff’s debt amounting to KRW 200 million, and then agreed with the Plaintiff to exempt the Plaintiff from KRW 50 million out of the above KRW 200 million and to reduce the Plaintiff’s debt amounting to KRW 150 million. Thus, the Defendant is solely liable for the Plaintiff’s debt amounting to KRW 150 million.

B. In full view of the purport of the statement in the evidence No. 11 and the entire pleadings, the Defendant sent a mobile phone text message to the Plaintiff on December 8, 2017, stating that “The first 200 million won interest rate of KRW 50 million shall be KRW 6% per annum. At this time, 300,000 won shall be paid as follows: Provided, That the Plaintiff shall be paid as KRW 150,000 in an official loan, and the remainder of KRW 50,00 in an annual loan shall be deemed as KRW 10,000,000,000,000,000 won,” and the Plaintiff shall be deemed as such.

The fact that ‘the answer' was given is recognized.

However, the waiver of the claim or the exemption of the obligation must not necessarily be based on the explicit declaration of intention, but it should be recognized in a case where it can be viewed as the waiver of the claim by the interpretation of any act or declaration of intent of the creditor.