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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. In full view of the purport of the entire pleadings as to the evidence No. 1 of the judgment as to the cause of the claim, it is recognized that the Plaintiff lent KRW 72,00,000 to the Defendant on February 26, 200 as of May 30, 2004 (hereinafter “the instant loan”) by setting the due date to the Defendant on May 30, 2004.
According to the above facts, the defendant is obligated to pay to the plaintiff 72,00,000 won with 5% per annum as stipulated by the Civil Act from May 31, 2004 to April 21, 2014, the delivery date of the original copy of the payment order of this case, and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. As to the judgment on the defendant's defense, the defendant set up a defense that D paid part of the debt of this case to the plaintiff, and that the defendant paid 10,000,000 won to the plaintiff to the plaintiff on behalf of the plaintiff, and all of the debt of this case was extinguished. However, there is no evidence to acknowledge this, the defendant's defense is without merit.
3. If so, the plaintiff's claim of this case is justified, 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.