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 fact that the Defendant prepared two copies of the loan certificate to the Plaintiff is not a dispute between the parties.

Loans from May 31, 200 - Loans from 5,00,000 won: 5,000,000 interest: 5% per month, and due date: 1 December 200

As of November 8, 2010 - Loaning KRW 8,000,000, the due date for payment: KRW 5,000,000 until April 30, 2011; and KRW 3,000,000 after April 30, 201; and

2. The parties' assertion

A. The Defendant: (a) settled the principal and interest of KRW 5,00,000 on May 31, 200 and paid KRW 8,000,000 on November 8, 2010; and (b) written the certificate of loan under 1-B while paying the principal and interest of KRW 5,00,000,000; and (b) accordingly, the Defendant is obligated to pay KRW 8,00,000 and damages for delay.

B. On May 31, 200, Defendant C, who jointly and severally guaranteed the Defendant, was fully repaid on June 200.

However, the Plaintiff’s finding of the Defendant around October 2010, and the remaining principal and interest of the above loan exceeds 20,000,000 won, which led to the Plaintiff’s 1-B loan certificate by coercion, and therefore, the Plaintiff cannot respond to the Plaintiff’s claim.

3. Determination

A. On May 31, 200, C jointly and severally guaranteed the obligation to borrow funds as of May 31, 200 only with the descriptions of the evidence Nos. 1 to 5 and the testimony of witness D of the first instance trial.

The fact that the defendant paid or repaid, the fact that the defendant made the loan certificate of 1-B due to the plaintiff's coercion is insufficient to recognize, and there is no other evidence.

B. Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 3, 2015 (the day following the delivery of a duplicate of the instant complaint and KRW 5,000,000, out of KRW 8,000,000, the day following the delivery of a duplicate of the instant complaint, shall be clear that the due date has expired, and KRW 3,00,000,000 has arrived at the due date of the request for performance at the latest) to the day of complete payment according to the contents written in the loan certificate of 1-B to the day of complete payment.

4. Conclusion, the plaintiff's claim of this case is justified, and the court of first instance has accepted it.