1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Determination as to loan claims

A. On March 25, 2011, the Plaintiff: (a) remitted KRW 9 million to the Defendant’s deposit account; (b) KRW 9 million to C’s deposit account in a de facto marital relationship with the Defendant on August 16, 2011; (c) KRW 10 million on August 25, 2011; and (d) KRW 10 million on February 27, 2012; and (c) on February 24, 2012, C drafted a certificate of borrowing KRW 40 million to the Plaintiff on February 24, 2012.

3) On July 26, 2012, the Plaintiff remitted KRW 10 million to C’s deposit account. On the same day, C paid KRW 50 million to the Defendant, on July 30, 2012, the Plaintiff paid KRW 405,00,00 to the Plaintiff, the maximum debt amount, KRW 100 million, and KRW 50,000,000,000,000 to the Defendant on a cashier’s check on July 30, 2012.

5) On August 30, 2012, the Plaintiff remitted KRW 18 million to C’s deposit account. On the same day, the Defendant prepared a loan certificate with the purport that the Plaintiff borrowed KRW 20 million to the Plaintiff. 6) also, on October 16, 2012, the Plaintiff remitted KRW 20 million to C’s deposit account. The Defendant drafted a loan certificate with the purport that the Plaintiff borrowed KRW 20 million to the Plaintiff on the same day.

7) On November 29, 2012, C repaid the Plaintiff KRW 30 million to the Plaintiff. Even after November 29, 2012, the Plaintiff transferred KRW 6 million to C’s deposit account on October 7, 2013.

9) On June 2014, the Defendant repaid to the Plaintiff the amount of KRW 40 million on each loan certificate as stated in paragraphs (5) and (6). The Plaintiff prepared and issued a receipt stating “daily 40 million and full loan payment” to the Defendant (hereinafter “instant loan”). [In the absence of dispute, the gist of the Plaintiff’s assertion as follows: (a) Plaintiff’s testimony of the witness of the first instance trial, and the purport of the entire pleadings; (b) Plaintiff’s assertion as follows: (a) the amount exceeding KRW 130 million from March 25, 2011 to October 7, 2013 (hereinafter “instant loan”).

at least two percent (2%) per month shall be paid interest and shall be remitted to the account of the defendant or C.