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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. The fact that the Plaintiff, on July 4, 201, determined that the cause of the claim was KRW 10 million to the Defendant on July 4, 201, with interest rate of KRW 2% per month without setting the due date for reimbursement, may be recognized either as a dispute between the parties, or as a whole by adding the purport of the entire pleadings to the statements in subparagraphs 1-2, 2, and 4.
According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10 million with interest rate of KRW 10 million per annum from March 3, 2015 to September 30, 2015, which is the following day after the Plaintiff’s delivery of a copy of the complaint of this case to the Defendant, to the Defendant, for delay damages calculated at the annual rate of KRW 15% per annum from March 3, 2015 to September 30, 2015, under Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sept. 25, 2015); Article 2(2) of the Addenda of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sept. 25, 2015); and from the next day, damages for delay calculated at the annual rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc.
2. The Defendant’s assertion and its determination as to the Defendant’s assertion were as follows: (a) the Defendant’s Defendant’s argument and the Defendant’s first promise to receive the Plaintiff’s fraternity of KRW 10 million; and (b) the Defendant paid the said borrowed amount with the said KRW 10 million loan to be received from the Plaintiff on April 25, 2013.
The evidence submitted by the defendant alone is insufficient to recognize that the defendant repaid the above borrowed money, and there is no other evidence to acknowledge it.
Rather, in addition to the purport of the entire pleadings, the Defendant deducted the amount of KRW 10 million,00,000 from the limit of KRW 10,000 to the first receiving the Plaintiff, and deducted the amount of KRW 7.2 million from April 5, 2013 to September 5, 2013, the Defendant paid to the Plaintiff by the Plaintiff and KRW 5,00,000,000,000 to the first payment to be paid by the Plaintiff.