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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. Determination on the cause of the claim
A. According to the evidence Nos. 1 and 4-2 of the evidence Nos. 4-2, it is recognized that the Plaintiff, on April 18, 2008, transferred KRW 6,000,000 to the deposit account in the Defendant’s name, and that the Defendant, on December 17, 2008, made and delivered an agreement to the effect that the Plaintiff would pay KRW 6,000,000 to the Plaintiff KRW 2,000 each month (hereinafter “instant agreement”).
B. According to the above facts, it is reasonable to view that the Plaintiff lent KRW 6,00,00 to the Defendant. Even if the above amount was the purchase price for purchasing shares of the Defendant, as alleged by the Defendant, the Defendant is obligated to pay KRW 6,00,000 to the Plaintiff, so long as the Defendant prepared an agreement to the effect that the Plaintiff would pay the above amount to the Plaintiff, and the Plaintiff was paid KRW 1,80,000 out of the above KRW 6,000,000. Thus, the Defendant is obligated to pay to the Plaintiff 4,20,000 and damages for delay calculated at the rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 25, 2018 to the date following the agreed repayment date.
2. The defendant's assertion is alleged to the effect that the agreement of this case is null and void as long as the defendant prepares the agreement of this case by strong pressure of the plaintiff. However, it is insufficient to recognize that the evidence submitted by the defendant alone was in a situation where the defendant was unable to make a decision due to pressure on the part of the plaintiff at the time of the preparation of the agreement of this case, and there is no other evidence to support this differently
3. Thus, the plaintiff's claim of this case is reasonable, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.