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. Basic facts

A. The Plaintiff, around May 10, 2004, lent 50,000,000 won to the Defendant at interest rate of 30% per annum, and four months after the date of maturity lending, and at the time of lending C to the Defendant, the Defendant was in office as the representative director.

(hereinafter referred to as “C”) remitted KRW 50,000,000 to the deposit account in the name of the bank account.

B. Around May 14, 2006, the Defendant issued and delivered the loan certificate (hereinafter “the loan certificate of this case”) as of December 31, 2006, which is set forth in the following: (a) KRW 70,000,000 in total, including the loan amount of KRW 50,000,000 and the interest accrued therefrom, to the Plaintiff at the time; and (b) interest rate of KRW 24% per annum; and (c) due date of repayment as of December 3

C. On March 17, 2015, the Defendant is a company that the Defendant was appointed as a director and a representative director on September 14, 2015 to the Plaintiff.

20,000,000 won was remitted in name.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) around May 10, 2004, the Plaintiff lent 50,000,000 to the Defendant at 30% per annum and 4 months after the date of the repayment due date. 2) As the Defendant was unable to fully repay the above loan after the payment due date, around May 14, 2006, the Plaintiff entered into a quasi-loan loan agreement with the Plaintiff by preparing and delivering the loan certificate of this case as stipulated as the interest rate of 24% per annum and December 31, 2006, including the above loan amount of KRW 50,000,000,000 and the interest accrued at that time.

3) However, on March 17, 2015, the Defendant paid only KRW 20,00,000 among the loan obligations under the above quasi-loan agreement to the Plaintiff, and did not pay the remainder to the Plaintiff. Accordingly, the Defendant is obliged to pay to the Plaintiff delay compensation for delay from March 18, 2015, the loan principal and interest of KRW 187,898,082 under the above quasi-loan loan agreement, and the loan principal and interest of KRW 70,000,000 among the loan principal and interest of KRW 187,89,000.

B. The defendant's assertion on May 1, 2004 around October 2004.