1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

1. Determination on the cause of the claim

A. On May 23, 2012, when the Defendant borrowed KRW 10,000,000 from the Plaintiff (hereinafter “the instant loan”), the fact that the Defendant agreed to make installment payments for a total of KRW 600,000 (i.e., interest equivalent to KRW 1,00,000 per month of the principal amount) for 20 months each month (i.e., interest equivalent to KRW 1,00,000) is either a dispute between the parties or is recognized by the statement under subparagraph 1 (including the serial number; hereinafter the same shall apply).

In addition, from July 25, 2012 to December 27, 2012, the Plaintiff has received a total of KRW 2,050,000 in six times from July 25, 2012.

B. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 8,650,000,000 (around December 23, 2012, interest of KRW 700,000 and interest of KRW 1,350,000 among the principal and interest of KRW 1,350,000) that have been repaid as above at KRW 10,00,00 of the principal and interest of the borrowed amount, and to pay damages for delay calculated at each rate of KRW 12% per annum from December 24, 2012 to December 3, 2015, which is clearly indicated in the record that the delivery date of the instant payment order is the original delivery date of the instant payment order from December 24, 2012, and from the next day to the date of full payment.

2. Judgment on the defense of performance

A. As seen earlier, the Defendant asserted that, in addition to the above amount of KRW 2,050,000, the Plaintiff paid out the loan of this case by subrogation, the Plaintiff paid the total amount of KRW 23,722,564 to Hyundai Capital Co., Ltd. while purchasing the Lastal Ampha car in addition to the above amount of KRW 2,050,00.

B. The Defendant’s repayment of KRW 23,722,564 in total to Hyundai Capital Co., Ltd. from July 11, 2011 to June 20, 2014 by subrogation is either a dispute between the parties or recognized by the statements in the evidence Nos. 1, 2, and 3.

However, in light of the following facts and circumstances, which are acknowledged as having added the whole purport of the pleadings to the facts acknowledged in Section 1(a) and the written evidence Nos. 2, 3, 6, and 7.