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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On October 30, 2002, the Plaintiff prepared a loan certificate stating that “the Plaintiff borrowed KRW 20 million from the Defendant at interest rate of 2% per month (payment on October 15, 2002)” (hereinafter “the first loan certificate of this case”) and issued it to the Defendant. Around that time, the Plaintiff borrowed KRW 20 million from the Defendant.
B. On December 29, 2007, the Plaintiff prepared a letter stating that “the Plaintiff will repay to the Defendant a total of KRW 15 million per day from January 1, 2008 to 150,000 per day (=150 days x 1 million)” (hereinafter “each letter of this case”) from January 1, 2008, and delivered it to the Defendant. The Plaintiff repaid KRW 13 million out of the said amount of KRW 15 million.
C. On Aug. 16, 2008, the Plaintiff prepared a cash custody certificate stating that “the Plaintiff borrowed KRW 50 million from the Defendant on Aug. 16, 2008 with interest rate of KRW 2% per month and due date of payment as of Aug. 16, 2008 (hereinafter “the second proof”) and delivered it to the Defendant. The Defendant, at the above loan certificate and the Plaintiff’s request, remitted KRW 50 million to D on Aug. 20, 2008, by subrogation.
The Plaintiff: (a) on August 20, 2008, the Plaintiff borrowed KRW 12 million from the Defendant on a monthly basis; (b) on October 30, 2008, the due date for repayment, the cash custody certificate (hereinafter “the instant third-use certificate”) with the content that “the Plaintiff borrowed KRW 12 million from the Defendant on September 26, 2008; (c) and (d) “the Plaintiff borrowed KRW 80 million from the Defendant on September 26, 2008 on September 26, 2008 (the interest payment date) and the due date on September 30, 2009” (hereinafter “the instant certificate of borrowing”).
E. Meanwhile, on January 9, 2009, the Defendant, as a joint and several surety of the Plaintiff, subrogated to C the Plaintiff’s obligation to pay KRW 16,179,180 to the Plaintiff, and filed a lawsuit against the Plaintiff seeking payment of the said amount under the Dolsan District Court Decision 2009Gaso2525, Jan. 29, 2009, “the Plaintiff” from the above court was calculated at the rate of 20% per annum to the Defendant from February 3, 2009 to the day of full payment.