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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. Facts of recognition;
A. The Plaintiff: (a) on April 4, 201, the interest rate of KRW 20 million was determined on April 4, 201; and (b) on April 4, 201, the period of repayment was determined on April 1, 201; (c) on April 11, 201, the interest rate of KRW 2.5%; (d) on April 11, 201, the period of repayment was determined on April 11, 201; (e) on May 7, 2011, KRW 20 million (hereinafter “instant loan”); and (e) on November 7, 201, the Plaintiff lent each of the loans to the Defendant’s joint and several sureties as of November 13, 2011; and (d) on June 13, 2011, leased KRW 20 million to C as of March 13, 2012.
B. On October 7, 201, the Defendant repaid the Plaintiff a total of KRW 10 million, KRW 20 million on May 21, 201, KRW 50 million on August 21, 2012, KRW 20 million on August 8, 2012, and collected the Plaintiff the above loan certificate (Evidence 1-1), KRW 1-2, and KRW 4,000 from the Plaintiff, respectively.
C. Meanwhile, the Plaintiff received interest on the instant loan from the Defendant until July 6, 2012.
(1) Each entry in the evidence No. 1, No. 4, 2, 3-1, and 3-3 of the evidence No. 1, and the purport of the whole pleadings and arguments
2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the interest rate of KRW 10 million on July 7, 2012 as agreed interest rate of KRW 24% per annum from July 7, 2012 to December 17, 2013, the service date of the original copy of the instant payment order, and delay damages calculated at the rate of KRW 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
3. Defendant’s assertion and judgment
A. The Defendant asserted that the Plaintiff first lent KRW 20 million to the Defendant according to the above 4th loan certificate, but actually lent KRW 10 million to the Defendant. Thus, the amount that the Plaintiff lent to the Defendant is only KRW 50 million ( KRW 10 million above + KRW 20 million above + KRW 20 million above + KRW 10 million loan + KRW 30 million above + KRW 10 million above + KRW 10 million). The Defendant paid the loan in full.