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. Basic facts

A. On August 28, 2009, the Plaintiff lent KRW 50 million to the Defendant.

(hereinafter “instant loan”). (b) The instant loan

On April 2, 2010, the Defendant remitted KRW 10 million to the Plaintiff’s account of ASEAN.

C. Meanwhile, the Defendant, prior to the instant loan, remitted each of the KRW 11 million in total to the Plaintiff’s account with the Plaintiff’s ASEAN, as well as KRW 5 million on August 26, 2008, and KRW 6 million on September 9, 2008.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant shall pay the Plaintiff the loan of this case KRW 50 million and delay damages.

B. The Defendant lent to the Plaintiff the sum of KRW 11 million on August 26, 2008, and KRW 5 million on September 9, 2008, which was prior to the instant loan, to the Plaintiff. As such, the Plaintiff leased the amount to the Defendant on August 28, 2009, KRW 10 million on the said amount was limited to KRW 39 million.

In addition, from September 2009 to December 2, 2009, the Defendant repaid to the Plaintiff the sum of KRW 12 million in total, KRW 5 million on January 201, KRW 27 million on April 2, 2010, and KRW 27 million on April 2, 2010.

2. Determination of the cause of the claim No. 1 and No. 1-A

According to Paragraph (1), it is recognized that the Plaintiff lent KRW 50 million to the Defendant on August 28, 2009, and barring any special circumstance, the Defendant is liable to pay the Plaintiff the loan amounting to KRW 50 million and delay damages.

3. Judgment on the defendant's assertion

A. Claim 1-C that the instant loan amounted to KRW 39 million.

As seen in this paragraph, the Defendant, prior to the instant loan, remitted the sum of KRW 11 million to the Plaintiff’s account of ASEAN, which was KRW 5 million on August 26, 2008, and KRW 6 million on September 9, 2008.

However, according to the purport of Gap evidence Nos. 1 and 3 as a whole and the arguments, the defendant prepared a loan certificate (Evidence No. 1) to the plaintiff on August 28, 2009 that "the plaintiff borrowed KRW 50 million from the plaintiff," and the plaintiff and the defendant of this case.