1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Determination on loans KRW 10,000,000

A. According to the purport of Gap evidence Nos. 1, 6, and 7 as to the cause of the claim and the entire pleadings, the plaintiff is obligated to pay 10,000,000 won for the remainder of loans, excluding KRW 3,000,000,000,00 to the defendant on January 14, 2013, until May 14, 2013, and the rate of 3% per month. Thus, the defendant is obligated to pay the plaintiff the remainder of loans, excluding KRW 3,00,000,000,000, and delay damages.

B. The Defendant asserts that all of the above loans KRW 10,000,000 were repaid over 35 times from August 8, 2012 to May 18, 2015.

The following facts and circumstances revealed according to the purport of subparagraph 1-1 through 7 of the evidence No. 1-7 and the entire pleadings, i.e., the defendant asserted that the defendant paid the amount of small amount of money from time to time to time to time to the plaintiff from the passbook in the name of C and D, the defendant's South-North Dong, to the plaintiff, but it is difficult to regard the above remittance as the repayment of loan in light of the time and frequency, etc. without fixing the amount as stated in subparagraph 74,472, 36,931. ② The plaintiff was paid the money as an employee at the restaurant operated by the defendant, and there were multiple monetary transactions between the two, such as the defendant's payment of the money, and the defendant's remittance was stated in the defendant's statement of remittance. Thus, it is difficult to conclude that the amount of money was the repayment of the loan of this case, and ③ The defendant asserted that it exceeded the amount of the loan of this case, in light of the empirical rule, it is difficult to deem that the above evidence was otherwise stated.

Therefore, the defendant's defense of repayment is without merit.

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