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. According to the reasoning of Gap evidence Nos. 1 and 2 as to the cause of the claim and the purport of the entire pleadings, the defendant lent 10 million won to the defendant on April 28, 2004 (hereinafter "the money of this case"), and the defendant on April 22, 2005, prepared and delivered to the plaintiff on April 22, 2005 a letter stating "Is to pay the above amount by the end of May 2005 (hereinafter "each letter of this case"), "Is to pay the above amount by the end of May 28, 2005" (hereinafter "each letter of this case"), and some testimonys of the witness C of the trial of this case that seem to be contrary thereto are not believed.

According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 10 million and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from June 1, 2005 to March 27, 2013, which is the service date of the original copy of the payment order of this case, and 20% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. The summary of the argument 1) The Defendant, upon receiving recommendations from C to make investments in sand gathering business, recommended the Plaintiff to invest in the said sand gathering business. Accordingly, the Plaintiff transferred the instant money to the Defendant’s account as investment money, and the Defendant received the said money as a company manager, and immediately transferred the said money to C. Therefore, the instant claim against the Defendant, other than C, should be dismissed. 2) Since each of the instant claims was made out by coercion and intimidation by the Plaintiff, the Plaintiff’s claim of this case is unlawful.

B. On the first argument of the judgment of the first, the testimony of the witness C at the trial as shown in the defendant's argument is not believed, but is insufficient to recognize the defendant's argument only with the statement of the evidence Nos. 1 through 3, and there is no other evidence to acknowledge it.

Rather, the above facts of recognition, Gap evidence Nos. 3 and 4 are written, examined, and examined.