1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

The Plaintiff asserted the determination on the cause of the claim shall lend the Defendant a total of KRW 30 million on December 14, 2016, and KRW 20 million on January 16, 2017, and thereafter extended the due date on June 30, 2017. As such, the Defendant is obliged to pay the Plaintiff a loan of KRW 30 million and delay damages.

Judgment

On December 14, 2016, the Plaintiff remitted to the Defendant’s account KRW 10 million, and KRW 20 million on January 16, 2017, respectively. Upon receiving the Plaintiff’s request for reimbursement, the Defendant agreed to repay each of the said money by June 30, 2017, is not in dispute between the parties, or is recognized in full view of the purport of the entire pleadings as evidence A’s evidence Nos. 1 and 3 through 6 (including the serial number).

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from August 24, 2017 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, sought by the Plaintiff.

The Defendant’s assertion on the Defendant’s assertion is that KRW 10 million, out of KRW 30 million received from the Plaintiff, shall be paid as the advance payment for a performance event, and KRW 20 million shall be donated as the support payment, and the Plaintiff did not pay KRW 5 million for the sales proceeds of the music record to the Defendant.

Judgment

According to the evidence evidence Nos. 6 and 1, the plaintiff filed a complaint with the defendant on the charge of fraud regarding each of the above loans, but the defendant was subject to a non-prosecution disposition, and the plaintiff sent the defendant a Kakakao Stockholm message to the effect that "the plaintiff would be equivalent to the early payment for the first time, not the loan," but the plaintiff sent the defendant the above 30 million won payment to the plaintiff by June 30, 2017, although it is acknowledged that the defendant agreed to pay the above 30 million won to the plaintiff by June 30, 2017. The prosecutor is recognized as having a civil obligation relationship between the original defendant and the defendant, but the defendant's intent or ability to pay is recognized.