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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Facts of recognition;
A. The Plaintiff lent KRW 25,000,000 to the Defendant on November 17, 2008, and KRW 10,000,000 on November 24, 2008, and KRW 25,00,000 on a total.
B. The Plaintiff received reimbursement of KRW 19,000,000, in total, from the Defendant on April 20, 201; KRW 10,000,000 on November 25, 2011; KRW 3,000,000 on March 24, 2014; KRW 1,000,000 on February 7, 2016; and KRW 13,000,000 on April 13, 2016.
C. On the other hand, on July 2, 2015, the Defendant filed a bankruptcy and application for immunity with the Gwangju District Court 2015Hadan1263 and 2015Ha, 1263, and received the decision to discontinue the bankruptcy on June 22, 2016, and the decision to grant immunity on July 7, 2016, respectively. On July 22, 2016, the aforementioned decision to grant immunity (hereinafter “instant decision to grant immunity”) became final and conclusive, and the Plaintiff’s claims were not entered in the list of creditors.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 3, and 4 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of claim, the plaintiff was paid KRW 19,00,000 out of KRW 25,000,000 lent to the defendant. Thus, barring any special circumstance, the defendant is obligated to pay the remaining loan of KRW 6,00,000 and damages for delay.
B. Defendant’s defense 1) The Defendant asserted that C lent KRW 20,000,000 to C, upon the Plaintiff’s demand, paid KRW 10,000,000 to C in accordance with the Plaintiff’s demand, and that C paid KRW 10,00,000 to the Plaintiff on May 2012. The Defendant asserted that the Plaintiff paid KRW 10,000,000 to the Plaintiff. On the other hand, the Defendant’s defense was insufficient to acknowledge the above fact of repayment only with the written evidence No. 2 (written confirmation) submitted by the Defendant as evidence consistent with the above defense, and there is no other evidence to acknowledge otherwise, and the Defendant’s defense is without merit.
Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act.