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 purport of the entire arguments as to the cause of the claim Gap's evidence Nos. 1 through 4, the defendant, on January 25, 2017, lent 40 million won to the defendant on January 20, 2017 in the manner that the plaintiff redeems debt incurred to the Da (hereinafter "D") with respect to the E-Si New Construction Corporation (hereinafter "the instant construction") on behalf of the plaintiff on January 20, 2017. The defendant shall repay the above 40 million won by March 31, 2017, but the agreement rate of interest shall be 3% per annum, interest rate of 9% per annum, and interest rate of 30% per annum from the following day to 30% per annum, interest rate of 30% per annum, which is substantially established by the defendant, from January 19, 2017 to 30% per annum 201 to 300% per annum 207.

2. Determination on the Defendant’s assertion

A. As to the allegation that a juristic act was null and void, the Defendant, at the time of preparing the instant loan certificate, was in a situation in which D had to receive construction payment rather than the Plaintiff. However, in the situation where D subcontractor’s husband’s employees request wages and resists the Defendant, and, in the process of exercising violence, the Defendant’s intent was made at the Plaintiff’s request due to the lack of sufficient mind. As such, the instant loan certificate was asserted to the effect that it constitutes an unfair juristic act due to persecution pursuant to Article 104 of the Civil Act, and thus, it is rather D at the time of preparing the instant loan certificate.