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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. According to the purport of Gap's evidence No. 1 and all pleadings as to the cause of the claim, the plaintiff lent KRW 15,00,000 to the defendant on February 2, 2012, and the defendant agreed to repay to the plaintiff the plaintiff the principal amount of KRW 1,00,000 to KRW 1,50,000 as at the end of each month (where repayment is made in one million, the final due date for payment shall be April 30, 2013 and KRW 1,500,000,000 as at the end of each month).
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 10,000,000 after deducting KRW 5,000,000,000 from the above loan amount of KRW 15,000,000, which the Plaintiff had received reimbursement, and damages for delay.
2. The Defendant’s defense did not borrow KRW 30,000,000 from the Plaintiff on February 2, 2012. However, although there was a fact that the Defendant borrowed KRW 30,00,000 from the Plaintiff before that fact, the Defendant’s defense that the Plaintiff exempted all of the above loan obligations by preparing a written confirmation of invalidity of the loan on February 2, 2012.
According to the statement in Eul evidence No. 1, the original defendant prepared a letter of invalidity of the loan on February 2, 2012, and the letter of confirmation on invalidity of the loan can be acknowledged that "the full amount of the loan was recovered as of January 12, 201 and the subsequent issue is not raised." However, it is insufficient to recognize that the plaintiff exempted the defendant from the debt borrowed as of February 2, 2012, and there is no other evidence to prove otherwise.
Rather, in full view of the following circumstances acknowledged by the evidence and the purport of the entire pleadings, namely, the Plaintiff’s certificate of borrowing KRW 15,00,000 on February 2, 2012, which is the date on which the Plaintiff prepared a letter of invalidity of the above loan, and thereafter, the Defendant paid KRW 5,00,000 to the Plaintiff on February 2, 2012, the Plaintiff arranged KRW 30,000,000 as the loan between the Defendant and the Defendant on January 12, 201.