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. Basic facts

A. On July 3, 2002, the Plaintiff was issued a loan certificate in the name of the Defendant stating that “I would borrow a million won from the Defendant and have the amount deposited in KRW 600,000 each month for ten months” (hereinafter “the loan certificate in this case”).

B. On February 13, 2009, the Plaintiff filed an order to pay the above borrowed money, and the Daegu District Court of Cheongdo issued a payment order (the above court 2009 tea29) stating that “the Defendant shall pay to the Plaintiff 5.4 million won and this money at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment,” and the above payment order was finalized on March 4, 2009.

C. As to the above borrowed money, the Defendant was punished by the Daegu District Court as a crime of fraud. D.

The plaintiff filed the lawsuit of this case for the extension of the prescription period of the above payment order.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the remainder of 5.4 million won of the loan and damages for delay after deducting the amount of 6.6 million won from the plaintiff who was repaid by the defendant, except in extenuating circumstances.

B. The defendant's assertion 1) did not borrow money from the plaintiff, and the plaintiff lent money to C, which is the defendant's children, and the plaintiff is not obligated to repay because the plaintiff could not have any choice but interfere with the defendant's business by finding the plaintiff's restaurant and obstructing his business. However, there is no evidence to prove that the defendant prepared the loan certificate of this case by the plaintiff's coercion. Thus, the defendant's argument is without merit. 2) The defendant's loan certificate of this case is prepared by the defendant's children, and the defendant's children.