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. The parties' assertion

A. On April 6, 2016, the Plaintiff asserted that he lent KRW 5 million to the Defendant (hereinafter “instant money”).

Therefore, the defendant is obligated to pay the money of this case and damages for delay to the plaintiff.

B. The Defendant alleged that he borrowed the instant money from C on April 6, 2016, and the Plaintiff is only C’s agent.

Therefore, the defendant does not have a duty to repay the instant money to the plaintiff, not C.

2. Determination

A. We examine who is the lender of the instant money.

In full view of the following circumstances, the Plaintiff withdrawn KRW 3 million from the Plaintiff’s account (military agricultural cooperativeD) on April 6, 2016, the Defendant received KRW 5 million from the Plaintiff on the same day; the Defendant, on April 30, 2016, prepared and delivered a loan certificate with the Defendant’s intent to pay the Defendant to the Plaintiff; and the Defendant otherwise repaid the instant money to C.

In light of the fact that the Plaintiff did not seem to have received a demand for repayment of the instant money from C, and there is no data that the Plaintiff received from C, the lender of the instant money shall be deemed to be the Plaintiff.

B. Meanwhile, the defendant asserts that the plaintiff arbitrarily stated his name in the certificate of loan (No. A) and signed it with the creditor, and altered the above certificate of loan. However, as long as the lender of the money in this case is judged as the plaintiff, the defendant's assertion on this part is not examined further.

C. Accordingly, according to the theory of lawsuit, the Defendant calculated at the rate of 15% per annum from March 17, 2017 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, as the Plaintiff seeks.