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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Facts of recognition;
A. The Plaintiff was engaged in continuous business relationship in which the Defendant supplied beverages, If, and saves to the PC operated by the Defendant. However, at the time when the Defendant discontinued the operation of the PC around March 2015, the Defendant assumed that the Defendant was liable to pay for the amount of KRW 6,00,000 to the Plaintiff.
B. On May 13, 2016, the Defendant: (a) around January 15, 2016, borrowed a total of KRW 35,000,000 from the Plaintiff on the following (hereinafter referred to as “daily loan: 50,000,000: The Plaintiff: (b) on February 15, 2016, the due date for the payment of the Plaintiff: (c) on July 3, 2015; (d) on August 30, 2015; and (e) on October 33, 2015, the Defendant borrowed KRW 15,000,000,000 on a further basis; (e) on a loan of KRW 15,00,000,000 until then, on the loan of KRW 50,000,000; (e) on the loan of KRW 50,000; (e) on the loan of KRW 250,000,05.
C. From May 22, 2015 to December 28, 2016, the Defendant was prosecuted as Seoul Northern District Court 2017Kadan1061 on the ground that he/she had deceiving the Plaintiff and acquired a sum of KRW 29,109,560 from May 22, 2015 to December 28, 2016, by borrowing KRW 29,10 as shown in the list of crimes in the attached Table of Crimes. On June 14, 2017, the above court found the Defendant guilty of all the above crimes, and sentenced the Defendant to a suspended sentence of two years for a suspended sentence of six months. The Prosecutor appealed as Seoul Northern District Court 2017No1294, but the appeal was dismissed and the above judgment became final and conclusive on December 11, 2017.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, 8, 13, 14, 22, 23, Eul evidence No. 1, and the purport of the whole pleadings
2. The parties' assertion
A. On May 13, 2016, Plaintiff 1 had the principal of the claim amounting to KRW 43,970,000,000 to the Defendant. However, the Defendant did so.