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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is as follows: (a) the second 3 parallel “Plaintiff” among the grounds of the judgment of the court of first instance is as “the Plaintiff”; (b) the second 6 parallel “Plaintiff” is as “the Plaintiff”; and (c) the Defendant’s assertion is as stated in the reasoning of the judgment of the court of first instance, except for adding the following judgments as to the Defendant’s assertion, and thus, it is acceptable
2. According to the Defendant’s argument regarding the Defendant’s assertion, according to the result of the reply to the order to submit financial transaction information to the IBK Bank as of November 20, 2017 and the fact-finding reply to the said IBK Bank, the Defendant’s mother, as of December 12, 2014, paid the Plaintiff a check by issuing a cashier’s check of KRW 10 million to the Plaintiff via E. In addition to such facts and the process of concluding the first and third contracts, the Defendant asserts that the purchase price of the instant loan was paid in full or at least KRW 10 million should be deducted from the balance of the third contracts of this case.
As a result of the reply to the order to submit financial transaction information to the IBK Bank on November 20, 2017, the defendant's mother of D on December 12, 2014, in addition to the whole purport of the pleadings in the fact-finding reply to the IBK Bank, it is recognized that the cashier's checks of KRW 10 million at par value issued by the IBK Bank on December 12, 2014 are deposited into the IBK bank account in the plaintiff's name.
However, in light of the fact that the said deposit date was earlier than August 2, 2016, which was the third contract date of this case, one year and eight months before August 22, 2016, the Plaintiff agreed to settle the said KRW 10 million, which the Plaintiff received from D on December 22, 2014, which was one year and eight months before the date of the third contract of this case, solely based on the above facts of recognition, the statement of No. 5, and the testimony of the witness E of the trial party, and the testimony of the witness E, of this case, as part of the balance under the third contract of this case.