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. Comprehensively taking account of the overall purport of the pleadings as to Gap's evidence Nos. 1 through 4, the plaintiff may recognize the fact that the plaintiff remitted to the defendant a total of KRW 30 million on Jan. 25, 2008 and KRW 50 million on Aug. 8, 2008, and the fact that the plaintiff received a total of KRW 30,55 million from the defendant does not dispute the plaintiff. Thus, the defendant is liable to pay to the plaintiff the remainder of the loan amount of KRW 19.5 million ( KRW 5 million-30,500,000) and according to the plaintiff's claim against the plaintiff.

2. The judgment of the defendant on the defendant's assertion was made by C, not by himself, but by borrowing KRW 30 million, out of KRW 50 million loaned by the plaintiff.

(1) The Defendant’s assertion that the Defendant’s additional repayment of KRW 15 million out of the remainder of the loan 19.5 million was made and the remainder KRW 4.5 million was expected to be made. However, each statement in the evidence Nos. 1 through 5 (including each number) is insufficient to acknowledge the aforementioned repayment or the fact that the Defendant borrowed the loan, and there is no other evidence to acknowledge it. Rather, according to the above evidence, the amount claimed by the Defendant as additional repayment is deemed to have been paid as part of the interest on the instant loan, and thus, the Defendant’s assertion cannot be accepted.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance which has partially different conclusions is unfair, but the judgment of the court of first instance cannot be modified disadvantageous to the defendant in this case which only the defendant appealed. Thus, the defendant's appeal is dismissed. It is so decided as per Disposition.