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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. According to the overall purport of evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff (former name: E) lent money to the Defendant and C from around 2002 to October 2002, and additionally lent KRW 15 million from June 2002 to October 2002.
Accordingly, on February 22, 2004, the Defendant confirmed that the remaining loans to the Plaintiff amounted to KRW 130 million, and paid the principal amount of KRW 30 million to KRW 4612 square meters, among which these loans were paid to the Plaintiff, the Defendant paid the principal amount of KRW 30 million to KRW 4,612 square meters.
Therefore, the defendant is jointly and severally liable with C to pay 100 million won of the above remaining loan and 15% interest per annum under the Civil Act from February 22, 2004 to February 9, 2010, the delivery date of a copy of the complaint of this case, and 5% interest per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
2. Although the defendant alleged that the above loan was repaid in full, it is not sufficient to recognize that the defendant paid the above remaining 100 million won only with the statement of No. 3, and there is no other evidence to acknowledge otherwise.
The Defendant submitted as evidence for payment after the closing of argument, from April 8, 2002 to October 23, 2002, the details of deposit from the Defendant’s account to the Plaintiff’s account under the Plaintiff’s name. However, as acknowledged earlier, the Plaintiff lent money to the Defendant several times from 2002 to February 22, 2004, and the Defendant confirmed that the remainder of the loan in payment was KRW 130 million. In light of the above, it is insufficient to view the payment of the loan claim that the Plaintiff raised by the instant lawsuit alone.
Therefore, the defendant's defense of repayment is without merit.
3. Conclusion, the plaintiff's claim should be accepted as reasonable.
The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.