1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. Although the plaintiff lent KRW 33,00,000 to the defendant, the defendant paid only KRW 29,000,000 among them, and thus, the defendant asserts to the effect that the plaintiff's mother who is not the plaintiff's mother C is a lending party, and that the plaintiff is not a party to the lawsuit concerning the return of the above loan, the plaintiff is not a party to the lawsuit.

On the other hand, in a lawsuit for performance, the standing to be a party is the person who asserts that he/she has the right to demand performance, which is the subject matter of the lawsuit, and whether there is the right to demand performance or not is the matter to be proved through

It is obvious that the instant lawsuit constitutes a performance suit. The issue of whether the Plaintiff has standing to sue only by its own assertion, and whether the Plaintiff has the right to demand performance against the Defendant is determined on the merits.

Therefore, we cannot accept the defendant's main defense.

2. Comprehensively taking account of the overall purport of the pleadings in the written evidence Nos. 1 and Nos. 1 and 2 as to the merits, the Plaintiff loaned KRW 33,000,000 to the Defendant on March 20, 2013 as of April 11, 2013, and the Defendant paid KRW 29,000,000 to the Plaintiff on April 11, 2013 is recognized.

According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 4,00,000 and the delay damages calculated at the rate of 5% per annum prescribed by the Civil Act from April 12, 2013 to April 14, 2017, the delivery date of the copy of the claim and the application for modification of the purport of the instant claim from April 12, 2013, which is the day after the agreed repayment date, and 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to

On April 11, 2013, the Defendant alleged that the Defendant repaid the loan in full by paying KRW 4,00,000 to C with the right to receive the repayment of the instant loan. Therefore, each of the items in subparagraphs 1 through 6 is alone.