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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
[Claim]
Reasons
1. The parties' assertion
A. On September 8, 2010, the Plaintiff asserted that the Plaintiff lent KRW 10 million to the Defendant at an annual interest rate of 12% per annum and due date of repayment on December 8, 2010. Since the Defendant paid only the interest for three months and did not repay the principal thereafter, the Defendant is obliged to pay the Plaintiff the amount stated in the purport of the claim.
B. The defendant's assertion that the defendant did not borrow the above money from the plaintiff, and the above money was merely a fact that the plaintiff was the plaintiff in return for the defendant to look for the plaintiff's child.
2. Determination
A. We examine the following circumstances, which are acknowledged by the overall purport of the statements and arguments in the evidence Nos. 1 and 2 (the number of additional numbers is included; hereinafter the same shall apply), Eul evidence Nos. 1, and Eul evidence No. 1, i.e., the details of transferring KRW 10 million to the defendant on September 8, 2010, and the defendant has also transferred 10,000 won to the plaintiff for 3 months from the following month. This corresponds to the plaintiff's assertion that the plaintiff lent the above money to the defendant, and the defendant paid interest thereon, ② there is a possibility of not preparing documentary evidence, such as a loan certificate, because the plaintiff and the defendant are simplified sale, and ③ the defendant received KRW 10,000 in return for the plaintiff's child care, but there is no evidence supporting the defendant's claim (the confirmation statement submitted by the defendant does not contain a statement consistent with the defendant's assertion, and the plaintiff's statement is stated annually on 18,2001.
B. Therefore, the Defendant, as a result of the above KRW 10 million and the payment period therefor, shall be the day following the delivery date of the original copy of the instant payment order sought by the Plaintiff, which is stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 11, 2016 to the day of full payment.