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. From July 6, 2015, the Plaintiff continued to lend money to the Defendant and received a partial repayment from the Defendant. On March 23, 2016, the Defendant borrowed KRW 75 million from the Plaintiff and repaid it until March 23, 2019. In the event that the Defendant was subject to a disposition of seizure due to a default in tax payment, the Plaintiff agreed to lose the benefit of the due date for the borrowed money and immediately repay the remainder (hereinafter “instant agreement”) upon the Plaintiff’s request, and the Plaintiff prepared and delivered a notarial deed (No. 217, 2016, a notary public) of a monetary loan agreement containing the said content.

B. From March 29, 2016 to April 22, 2016, the Plaintiff, after the instant agreement, lent an additional amount of KRW 55,20,000 to the Defendant on seven occasions, and the Defendant repaid KRW 11,00,00 to the Plaintiff on June 2, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6, Eul evidence 2 and 3 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant borrowed money from the Plaintiff on March 23, 2016 and paid KRW 75 million to the Plaintiff on March 23, 2019, while paying part of the loan, and entered into the instant agreement with the Defendant to lose the benefit of the time limit for seizure due to the delinquency in tax payment. As a seizure disposition is taken on the ground of local tax delinquency with respect to the radar (D) owned by the Defendant, the cause for loss of the interest under the instant agreement has occurred and the maturity date has arrived, and the Defendant is obliged to pay KRW 75 million to the Plaintiff pursuant to the instant agreement. 2) The Plaintiff is obligated to additionally lend KRW 75,52 million to the Defendant seven times from March 29, 2016 to April 22, 2016, and the Defendant is obligated to pay only the remainder of KRW 11,100,420,000 to the Defendant.

(b).