The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff lent to the Defendant KRW 10 million on July 27, 2009, KRW 10 million on July 31, 2009, KRW 20 million on a total of KRW 20 million on July 31, 2009.

(hereinafter “instant loan”). (b)

On December 9, 2009, the Defendant repaid the Plaintiff KRW 10 million out of the instant loans.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the plaintiff the remainder of the loans in this case which have not been repaid and the delay damages thereon, unless there are special circumstances.

B. The Defendant’s defense 1) asserted that around June 2010 to July 201, the Defendant paid 7 copies of KRW 1 million check to the Plaintiff and exempted the remainder of KRW 3 million from the Plaintiff. The Defendant paid all of the instant loans to the Plaintiff. The Plaintiff received receipts from the Plaintiff. 2) In light of the following circumstances, the Defendant’s argument alone is insufficient to acknowledge the Defendant’s assertion, and there is no evidence to acknowledge otherwise.

Therefore, the defendant's defense cannot be accepted.

① On July 5, 2010, the Defendant asserted that the loan of this case was fully repaid to the Plaintiff on the ground that the Defendant’s husband’s account was withdrawn from KRW 10 million.

② However, there was no evidence that the amount withdrawn as above was repaid to the Plaintiff, and thereafter, it was confirmed that 10 million won check issued by E on July 5, 2010 was deposited into the account of F in full. As such, the Defendant came up to the account of E in this court.