1. The defendant's appeal is dismissed.

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

3. The decision of the court of first instance is in accordance with paragraph 1.

1. Facts of recognition;

A. On July 18, 201, upon receipt of the request from the Defendant to provide funds necessary for the officetel construction project, the Plaintiff was issued a certificate of payment of IM Energy and loans under the Defendant’s name (Evidence A; hereinafter referred to as “certificate of payment of loans”) to the effect that “The Defendant will repay the above loans at the time of project financing or balance for real estate purchase price” on July 19, 201, after the transfer of KRW 150 million to the account in the name of MK Energy Co., Ltd. (hereinafter “MK”) designated by the Defendant.

B. On May 3, 2012, the Defendant drafted to the Plaintiff a letter of payment for the loan that the Plaintiff would repay KRW 150 million to the Plaintiff by no later than May 15, 2012 (Evidence A6; hereinafter referred to as the “instant letter of payment”).

C. On April 24, 2014, the Defendant deposited each of the KRW 50 million with the Seoul Central District Court No. 8861 in 2014, and KRW 30 million with the same court No. 10500 in 2014 on May 21, 2014, and the Plaintiff received the said KRW 80 million without any objection.

[Reasons for Recognition] Facts without any dispute, Gap's 1, 2, Gap's 6, Eul's 6-1, and Eul's 6-2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remaining loans of KRW 70 million and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from May 16, 2012 to November 30, 2013, which is the day following the agreed date for delivery of a copy of the complaint in this case, and 20% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

The defendant defense that he paid KRW 80 million to the court of first instance after the judgment of the court of first instance. However, the court of first instance recognized that the plaintiff received the above KRW 80 million and appropriated it for the above loan. The court of first instance held that 80 million out of total loan was appropriated.