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. In full view of the overall purport of the statements and arguments in Gap evidence Nos. 1 and 2 (including paper numbers; hereinafter the same shall apply) as to the cause of the claim, it is recognized that the plaintiff agreed on August 25, 1992 that on August 25, 1992, the plaintiff loaned KRW 50 million to the defendant with the maturity of KRW 90 million on August 25, 1993, and the interest monthly amount of KRW 900,000,000,0000 to the defendant at the time of April 16, 2004, the remaining interest of the above loan shall be settled as KRW 30,000,000 and the principal shall be calculated as interest rate of KRW 1.5% on September 16, 2

Meanwhile, from February 23, 2005 to August 20, 2009, the Plaintiff received KRW 18.5 million on several occasions from the Defendant and appropriated the above loan amounting to KRW 8.5 million until June 15, 2005.

According to the above facts of recognition, the defendant is obligated to pay the plaintiff a total amount of KRW 80 million and its delay damages, except in extenuating circumstances.

2. Determination on the Defendant’s assertion

A. The defendant asserted 1) on August 25, 1992, the defendant acknowledged that on April 20, 2004, the principal and interest on the loan worth KRW 60 million as the secured debt, the principal and interest on the loan worth KRW 50 million as the secured debt, and the principal and interest on the loan worth KRW 40 million as the secured debt, and that on April 20, 2004, there was an agreement between the plaintiff and the defendant to limit the sum of the principal and interest on each of the above loans to KRW 100 million as the sum of the maximum debt amount of each of the above loans. Furthermore, since the Defendant’s waiver of the prescription benefits by completing the registration of creation of a mortgage near each of the above loans, the prescription period has expired, even if each of the above loans was renounced, the prescription period has run again since the completion of the registration of creation of a mortgage on April 204.

(b) Determination 1 limits of loans;