beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. The assertion and judgment
A. In full view of the purport of Gap evidence Nos. 1 (Evidence, the defendant alleged that the above document was made up by coercion of the plaintiff, but there is no evidence to acknowledge it, the defendant's assertion is not accepted), Eul evidence Nos. 3, and the whole purport of the arguments and arguments as to the cause of the claim, the plaintiff loaned the defendant a loan of KRW 60 million to the defendant around April 20, 2008 under C's guarantee, without fixing the due date for payment. The defendant agreed on Oct. 25, 2012 to determine the loan principal and interest or delay damages thereon as total KRW 70 million between the plaintiff and the plaintiff, and "the defendant borrowed KRW 70 million from the plaintiff around April 20, 2008," and it can be acknowledged that the loan certificate (Evidence No. 1) stating that "the defendant borrowed KRW 70 million from the plaintiff around April 20, 200, and delivered it to the plaintiff.
B. On October 25, 2012, the defendant asserts that the plaintiff transferred the above loan claims to C around October 25, 2012, and the defendant consented, so the defendant does not have an obligation to pay the above loan to the plaintiff.
According to the evidence evidence Nos. 1 and 3, it is recognized that the defendant prepared and delivered a letter to C on October 25, 2012 stating that he/she will pay the construction cost of KRW 15 million and the total amount of KRW 165 million, including KRW 60 million, to C on October 25, 2012, but it is insufficient to recognize that the plaintiff transferred the above loan claim to C on or around October 25, 2012, and there is no other evidence to acknowledge otherwise.
Rather, in full view of the respective descriptions and arguments in the evidence Nos. 1 and 3, the defendant is obligated to pay the above principal to the plaintiff when C, the guarantor, due to nonperformance of its obligation to pay the above loan, the defendant is obligated to pay the above principal of the loan to C.