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. The plaintiff asserts that he lent a total of KRW 20 million to the defendant four times from November 1, 2008 to March 10, 2009.

The defendant asserts that the plaintiff made a donation of KRW 20 million to the defendant, or that the plaintiff made a contribution to the loan from the second financial right, and therefore, it would offset it with the price.

2. Determination

A. In full view of the purport of Gap evidence Nos. 1, 2, and 3 through 7-1, and 2 as to the cause of the claim, it is recognized that the plaintiff loaned to the defendant the sum of KRW 20 million on Nov. 1, 2008, KRW 5 million on Dec. 1, 2008, ② KRW 500,000 on Dec. 1, 2008, ③ KRW 500,000 on Jan. 29, 2009, ④ KRW 5 million on Mar. 10, 2009.

Therefore, the defendant is obligated to pay 20 million won and damages for delay to the plaintiff, unless there are special circumstances to the plaintiff.

B. The Plaintiff donated the Defendant the above KRW 20 million solely on the sole basis of the statement in the evidence Nos. 1 to 8 of the Defendant’s assertion

The defendant's assertion is without merit, since it is insufficient to recognize the fact that the defendant contributed to the loan from the second financial right, or there is no other evidence to prove it.

3. In conclusion, the Defendant is obligated to pay to the Plaintiff the amount of KRW 20 million and the damages for delay calculated at the rate of 15% per annum from September 27, 2017 to the day of full payment, which is the day following the delivery of a copy of the instant complaint.

The plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.