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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. Basic facts
A. In the course of running an entertainment tavern, the Plaintiff, a middle school alumni, has made monetary transactions with the Defendant, such as lending money to the Defendant from June 2005, and receiving reimbursement from the Defendant.
B. The Defendant issued to the Plaintiff a certificate of borrowed money (No. 1, hereinafter “certificate of borrowed money”) with the following content as follows.
The amount of 140,000,000 won loan certificate is secured by the principal and the following provisions shall be established:
1. Date of half half of principal: Public column;
2. Transplant money: Public eggs;
3. Date of payment of transplant: Public column.
4. If the transplant money is in arrears, it shall be calculated with the welfare formula such as the principal, even with respect to the transplant money;
5. The borrower on Nov. 10, 2007, when there is a risk of being subject to compulsory execution of property due to the debts of a third party at the time of provisional attachment or compulsory execution due to other debts, even before the expiration of the contract period, at the request of the creditor.
C. From December 10, 2007 to December 12, 2011, the Defendant transferred a total of KRW 130 million to the Plaintiff (including the amount transferred in the name of “C”, “D”, and “E” as an employee of the Defendant) from December 10, 2007 to December 12, 201.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, 3, and 4, the purport of the whole pleadings
2. Grounds for the plaintiff's claim.
A. The Plaintiff, as the cause of the Plaintiff’s claim, agreed with the Defendant to “the Defendant shall first pay the principal and interest of KRW 100 million out of the principal amount indicated in the loan certificate of this case to KRW 140 million, and then pay the remainder of KRW 40 million upon the Plaintiff’s request.”
After that, the Plaintiff and the Defendant received the payment of KRW 100 million and its interest from the Defendant until January 10, 2012, and this part of the payment was terminated.
Therefore, the defendant is against the plaintiff.