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. The parties' assertion

A. On April 25, 2016, the Plaintiff lent KRW 6,000,00 to the Defendant without fixing the due date, and the Defendant did not return the loan despite the Plaintiff’s demand. As such, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 6,00,000,000 and the delay damages therefrom.

B. Defendant 1) On March 23, 2016, the Plaintiff’s open events (hereinafter “instant event”) against the Defendant’s model right to “C apartment” (hereinafter “C apartment events”).

The Defendant requested the Plaintiff to perform the instant event on March 25, 2016 after sending a written estimate of KRW 7,310,000 to the Plaintiff. After doing so, the Defendant requested the Plaintiff to pay the instant event price, and the Plaintiff paid KRW 6,00,000, which is a part of the price on April 25, 2016. Therefore, the Plaintiff’s 6,000,000 claimed as a loan was paid as the instant event price, and not the loan. (ii) Even if the Plaintiff paid KRW 6,00,00 as a loan, the Plaintiff is liable for the instant event price of KRW 7,310,00,00, even if the said KRW 6,000 was paid as the loan, and thus, the Defendant bears the Defendant’s obligation to pay the instant event price of KRW 7,310,000,000 to the Plaintiff.

2. Determination

A. Comprehensively taking account of the overall purport of evidence Nos. 5-1 and 6-1 and 6-6 of the judgment on the cause of the claim, the Plaintiff and the Defendant divided the dialogue that the Plaintiff personally lends KRW 6,00,000 to the Defendant on April 25, 2016, and the Plaintiff transferred KRW 6,000,000 to the Defendant on the same day. According to the above facts acknowledged, it is reasonable to deem that the Plaintiff lent KRW 6,00,000 to the Defendant on April 25, 2016 without fixing the maturity period for reimbursement.

Therefore, barring any special circumstance, the Defendant prescribed the Special Act on the Promotion, etc. of Legal Proceedings from September 29, 2016 to the date of full payment with respect to the above loan amounting to KRW 6,000,000, and the above loan amounting to the Plaintiff, barring special circumstance.