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. On October 18, 2010, the Plaintiff requested the Defendant to pay each of the loans (the part ① of the instant claim; hereinafter “instant loans”), the agreed amount on dividend fees, and the loan borrowed on September 18, 2010. The first instance court accepted only a part of the Plaintiff’s claim for the instant loan, and dismissed all the remainder.

Since only the Defendant appealed against this issue, the subject matter of this Court’s adjudication is limited to the claim for “14,00,000 won cited in the instant loan claim and 5% per annum from May 26, 201 to October 16, 2015, and 20% per annum from the next day to the day of full payment.”

2. In full view of the evidence No. 2-1, No. 2, and No. 6 of the judgment as to the cause of the claim, the Plaintiff, upon the Defendant’s request, shall be deemed as “C et al., Co-Defendant C et al., Ltd. of the first instance court on October 18, 2010.

) The Defendant remitted KRW 20,000,00 to an account in the name of the Plaintiff; the Defendant received a claim from the Plaintiff that he was unable to receive the said money, and on April 19, 201, received a loan certificate stating that “to repay KRW 24,50,000 to the Plaintiff until May 25, 2011,” and the Plaintiff was paid KRW 6,000,000 out of the said money.”

As seen in the above facts, considering that the plaintiff remitted money at the defendant's request and the defendant eventually prepared a loan certificate to the plaintiff, it is reasonable to deem that the defendant agreed to pay the plaintiff the above KRW 20 million to the plaintiff and the nature of the money as the loan.

Therefore, it is reasonable for the defendant to resist the existence or scope of the obligation of the defendant from May 26, 201, which is the day following the due date of the contract, after deducting KRW 6,000,000 from the remainder of KRW 14,000 that the plaintiff was paid to the plaintiff.