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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. The following facts do not conflict between the parties or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in each entry in Gap evidence 1-1 to 3, Gap evidence 2, Gap evidence 5-1, and 5-2:
The plaintiff filed a marriage report with C on July 22, 2004, while living a married couple on or around October 25, 2013, the plaintiff is the former spouse of C whose divorce conciliation has been concluded on or around October 25, 2013, and the defendant is the father of C.
B. Upon receiving a request from the Defendant on September 2006, the Plaintiff received a loan of KRW 28,000,000 from a new bank and received a loan of KRW 28,000,000 from the new bank, and the same month.
6. Each remitting KRW 8,000,000 to the Defendant.
2. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay the Plaintiff a loan of KRW 28,000,000 (hereinafter “instant loan”) and damages for delay, barring any special circumstance.
3. Judgment on the defendant's defense
A. On the one hand, the Defendant asserts that the Defendant paid all of the instant loans and interest thereon to the Plaintiff as follows.
① On October 26, 2006, C transferred KRW 10,000,00 to a seller’s account under the name of D for partial repayment of the instant loan.
② On November 21, 2006, C paid KRW 10,000,000 in cash to C, and C used this as the balance of the said vehicle.
③ On March 5, 2007, C delivered KRW 15,000,000 in cash to C and deposited it into the account under its name.
④ On December 13, 2007; January 15, 2008; and KRW 1,000,000,000 for each account in the name of C; and KRW 70,000 for April 24, 2008; and
6. 25.1,00,000 won, and the same year.
8. 27.1,00,000 won, and 300,000 won on March 1, 198, were remitted respectively.
2) Determination A) According to the purport of Gap evidence 6, Eul evidence 15, Eul evidence 15, and Eul's witness's witness's witness's witness's testimony and whole pleadings, C shall be paid in cash from the defendant's wife around March 5, 2007.