1. The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph 1.

1. The parties' assertion

A. The Defendant is obligated to pay the same money as stated in the purport of the claim, since the Plaintiff received a loan of KRW 110,000 from the Plaintiff and partly repaid the principal and interest of the loan.

B. The Plaintiff paid a loan to the seller of the vehicle without confirming whether the vehicle was delivered to the Defendant with knowledge that there was no vehicle for establishing a right to collateral security, and thus, the Plaintiff’s claim is unreasonable.

2. Facts of recognition;

A. On September 25, 2015, the Plaintiff agreed to set up a collateral security (hereinafter “instant vehicle”) against the Defendant on a loan of KRW 110,00,000 at 36 months, interest rate of KRW 7.9% per annum, and interest rate of KRW 24% per annum (hereinafter “instant loan”); and on a modern five tons truck (vehicle price of KRW 124,927,000,000, hereinafter “instant vehicle”).

B. On September 25, 2015, the Defendant: (a) prepared a written request for the receipt of goods and the remittance of loans to the Plaintiff, stating that “The Plaintiff acquired the instant vehicle, and entrusted KRW 110,000,000 to the payment of KRW 110,000,000 to the new bank account requested by the Mine Forest Corporation.”

C. On January 4, 2016, the Plaintiff notified the Defendant that “the benefit of the term of loan would be lost as of January 14, 2014, on the ground that the establishment of the right to collateral security on the instant vehicle was not performed.”

The loan of this case is KRW 70,453,203 ( principal KRW 70,286,321) as of December 21, 2016, and KRW 166,882).

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

3. The Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 24% per annum from December 23, 2016 to the day of complete payment, with respect to KRW 70,453,203 and the principal amount of KRW 70,286,321, which is the day following the delivery of a copy of the instant claim and the written application for modification of the cause of the claim.

4. The conclusion is that the plaintiff's claim is reasonable, and the judgment of the court of first instance is subject to the reduction of the claim in the trial.