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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
Reasons
1. On July 4, 2006, the Plaintiff leased KRW 20 million to the Defendant and the Appointor C without setting interest to the Plaintiff on July 4, 2006, and barring any special circumstance, the Defendant and the Appointor C are jointly and severally liable to repay the said loan to the Plaintiff, barring any special circumstance.
2. The defendant's defense and judgment as to it
A. The fact that the Defendant and the appointed party C repaid the Plaintiff a sum of KRW 16,30,00,000,00 as indicated in the separate sheet of performance, can be recognized by each statement in the evidence Nos. 1-2 through 8 and the evidence Nos. 3 (including the serial number). As such, the Defendant and the appointed party C jointly and severally paid to the Plaintiff KRW 3,70,000 (=20,000,000 - 16,300,000) that the Defendant and the appointed party agreed on the existence or scope of the obligation of performance from March 29, 2014 to July 31, 2014, the judgment of the court of first instance, which is the date of delivery of a duplicate of the complaint of this case, shall be liable to pay damages for delay calculated by 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
As to this, the plaintiff asserted that the plaintiff's claim is insufficient to acknowledge only the descriptions in the evidence No. 6-1 and No. 2 of the above loan No. 6-2, and there is no other evidence to acknowledge it, and thus, the plaintiff's claim is not acceptable. The plaintiff's claim is not accepted. The plaintiff's claim is not accepted. The plaintiff's claim is not accepted. The plaintiff's claim is not accepted. The plaintiff's claim is based on the evidence No. 6-1 and No. 2 of the above loan No. 6-2.
B. (i) The Defendant shall withdraw and pay in cash the amount of KRW 3 million on August 29, 2006 from the account in the name of the Defendant and the appointed party C, in addition to the attached repayment statement.