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. In the first instance court, the Plaintiff sought payment of KRW 18,200,000 for the unpaid fraternity and KRW 5,000 for the Defendant, and the court of first instance partially accepted each of the above claims.

In this regard, the defendant appealed against the claim for the loan, so this Court's decision is limited to the claim for the loan.

2. Basic facts

(a) A loan certificate: The principal of Article 1 of the misunderstanding million won (e.g. 5,000,000) shall be repaid up to April 27, 2017;

Article 2 The interest rate shall be three percent, and shall be paid at the address of the plaintiff every month.

Article 3 even if the interest is paid once, or when the defendant has received provisional seizure, provisional disposition and seizure by another debtor, he/she shall lose the benefit of the time and shall not raise an objection even if he/she has filed a claim for the principal and interest at once.

Article 4. This proposal shall be the court having jurisdiction over the domicile of the plaintiff.

Article 5 The defendant shall be liable for civil and criminal liability if he/she fails to repay the borrowed money to the plaintiff on the date of repayment of the borrowed money.

On October 27, 2016, the Defendant prepared a certificate of borrowed money (hereinafter “instant loan certificate”) with the following content and delivered it to the Plaintiff.

B. On October 31, 2016, the Plaintiff transferred KRW 5 million to the account in the name of C, the Defendant’s children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

3. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant shall comply with Article 2(1), (3), (4), and (3) of the Interest Limitation Act, which is within the scope of the Interest Limitation Act, and Article 2(1) of the former Interest Limitation Act, and Article 2(1) of the former Interest Limitation Act (amended by Presidential Decree No. 28413, Nov. 7, 2017).

The rate of 15% per annum that the plaintiff seeks shall be calculated from the next day to the day of full payment.