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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 parties' assertion
A. The plaintiff's assertion that the plaintiff lent KRW 28 million to the defendant on January 1, 2004, and KRW 28 million on March 15, 2004, and KRW 28 million on March 15, 2004. Thus, the defendant is obligated to pay the above loan amounting to KRW 28 million and delay damages to the plaintiff.
B. The plaintiff alleged by the defendant did not lend money to the defendant around 2004.
From 194 to 196, the Plaintiff loaned 93 million won to the branch introduced by the Defendant at 2% a monthly interest rate. Around 1998, part of the borrower did not have any interest and demanded that the Defendant pay interest, etc. to the Defendant who is the guarantor as the guarantor. The Defendant paid to the Plaintiff KRW 37.2 million a sum of KRW 186 million per month as interest during about 20 months from around 1998 to around 2000, but it did not pay interest for about 19 months from around 2000 to November 2001 due to economic aggravation.
Around November 2001, the Defendant decided to pay to the Plaintiff KRW 35 million, the principal amount of KRW 93 million and interest of KRW 35,344,00 for 19 months ( KRW 1860,000 per month x 19 months) which was reduced by KRW 340,00,000,000. The Plaintiff paid to the Plaintiff KRW 28,000,000 (= principal amount of KRW 93,00,000, KRW 35,000 - 100,000), and the Defendant paid KRW 100,000 to the Plaintiff.
The defendant is obligated to pay the above interest of KRW 28 million to the plaintiff with the intention of paying the above interest, and there is no obligation against the plaintiff.
2. The following circumstances, i.e., whether the Defendant borrowed KRW 28 million to the Plaintiff on July 2, 2013 by considering the following circumstances: (a) the description of the evidence No. 2 and the witness witness D’s testimony; (b) the record of the court of the first instance and the verification of CD files; and (c) the result of the party’s personal examination and the entire arguments against the Plaintiff and the Defendant in the first instance court; and (d) the Defendant borrowed KRW 28 million to the Plaintiff on July 2, 2013.