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 facts that the Plaintiff lent KRW 25,00,000 to the Defendant on November 22, 2006, as to the cause of the claim, have no dispute between the parties. Thus, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 5,00,000,000, excluding the remainder of KRW 20,000,000 paid by the Plaintiff out of the above loan, and the damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 7, 2017 to the day of full payment, as sought by the Plaintiff.

2. The defendant asserts that the defendant paid a total of KRW 35,400,000 to the plaintiff, and that part of the amount claimed by the defendant was paid as wages for driving the defendant's vehicle at the defendant's request.

The defendant paid 3,700,000 won in total to the plaintiff over 20 times from December 20, 2006 to August 21, 2009 (other than the defendant, there is no evidence to prove that the defendant claimed that he paid 1,500,000 won to the plaintiff on November 19, 2007, but there is no evidence to prove that he paid 1,500,000 won to the plaintiff on November 19, 2007). Meanwhile, as interest for the above loan, the defendant paid 20,000 won to the plaintiff on a non-regular basis as interest for the above loan. When the defendant was subject to a disposition of driver's license due to drunk driving, the plaintiff was paid 1,50,000 won from December 20 to July 21, 2007 at the defendant's request, and the plaintiff was paid 1,500,000 won from July 1, 2007 to July 4, 2000.

According to the above facts of recognition, the payment for the above loan was limited to KRW 20,000,000,000 as the Plaintiff is the Plaintiff, and the remaining KRW 13,700,000 is the loan.