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. A. Around 2017, the Defendant: (a) prepared a loan certificate with the following content (hereinafter “the instant loan certificate”); signed and delivered it to the Plaintiff.

Amount: 5,00,000 won is confirmed to have been lent by the obligor (Defendant) from the obligee (Plaintiff).

2. The date of principal repayment: (30) monthly; and

3. To transfer the principal to the Plaintiff’s passbook for the 17th day of each month, 300,000 won per month.

B. The Plaintiff received the instant loan certificate from the Defendant and remitted KRW 5,00,000 to the Defendant. The Defendant, on January 20, 2018, remitted KRW 50,000 to the Plaintiff totaling KRW 300,000,000 on January 23, 2018, and KRW 200,000 on January 31, 2018.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff received a loan certificate from the Defendant and lent KRW 5,00,000 to the Defendant, and the Defendant paid only KRW 300,000 among them and did not repay the remainder of the loan. Therefore, the Defendant is obligated to pay the remainder of the loan to the Plaintiff. 2) The Defendant’s assertion that the Defendant received KRW 5,00,000 from the Plaintiff was paid as the child support for the married children between the Plaintiff and the Defendant, and the Defendant paid KRW 300,000 to the Plaintiff was paid to the Plaintiff.

Therefore, the Defendant cannot be viewed as a loan for money received from the Plaintiff.

B. Determination 1) The Defendant prepared and delivered the instant loan certificate to the Plaintiff, and thereafter paid KRW 300,000 to the Plaintiff as seen earlier. Therefore, it is reasonable to deem that the above KRW 5 million, which the Plaintiff remitted to the Defendant, was a loan, barring any special circumstance. 2) As to this, the Defendant asserted that the Defendant was paid KRW 5,00,000 from the Plaintiff as a child support.

Although there is no dispute between the parties that the plaintiff ordered the defendant to pay KRW 350,000 per month for child support, it is stated in the evidence No. 1 and 6.