1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On February 28, 2015, the Defendant, while making a monetary transaction with the Plaintiff, prepared “the tea storage certificate” (hereinafter “the instant loan certificate”) stating that KRW 35,000,000 shall be determined and paid at the maturity of June 30, 2015 and the interest rate of KRW 4% (1,40,000) shall be paid to the Plaintiff.

B. On July 2015, the Defendant’s wife repaid KRW 20,000,00 to the Plaintiff, among the borrowed money stated in the instant loan certificate, and the Plaintiff received the said money, and delivered C a copy of the instant loan certificate to C.

C. Around December 2015, D (one name E) with a debt owed to the Defendant owed KRW 2,00,000 to the Plaintiff on behalf of the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1, 5, Eul evidence 2 (including a tentative number), the purport of the whole pleadings

2. The Plaintiff’s assertion is obligated to repay to the Plaintiff KRW 35,00,000,000 upon the instant loan certificate, among which the Defendant paid KRW 22,00,000 (=C KRW 20,000,000). As such, the Defendant is liable to pay the remainder of KRW 13,000,000 and the interest and delay damages from March 1, 2015, which are the next day after the lease date.

3. Determination

A. According to the facts above, the Defendant is obligated to pay the borrowed amount of KRW 13,00,000, not paid out of the borrowed amount and interest thereon and delay damages, barring special circumstances.

B. (1) The Defendant’s assertion that the Plaintiff received KRW 20,000,00 from C, and the Defendant acquired the interest and the Defendant’s claim so far, and then renounced the remainder of the Defendant’s claim against the Defendant, taking into account the principal and interest on behalf of the Defendant’s obligor.

(2) We examine whether the Plaintiff renounced KRW 13,00,000 among the loans stated in the instant loan certificate.

The following circumstances, which can be acknowledged by the respective descriptions of Gap's basic facts, Gap's evidence Nos. 1, 5, and Eul's evidence Nos. 1 through 3 (including paper numbers), and by the purport of the whole pleadings, are ① the plaintiff.