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. According to the purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, the defendant requested to lend money based on a forged contract document to Eul. The plaintiff lent KRW 50 million to the defendant via E around October 2007, the plaintiff was not paid the above money and the defendant was accused of the crime by fraud around 2008. The defendant agreed on August 25, 2009 to pay KRW 20 million out of the above money to the plaintiff by September 5, 2009 (hereinafter "the loan of this case"), the co-defendant C, and D on the same day, and the defendant was convicted of the plaintiff by deceitation from the plaintiff on November 26, 2010.

According to the above facts, the defendant is obligated to pay to the plaintiff 20 million won with 5% per annum as stipulated by the Civil Act from September 6, 2009 to June 1, 2016, the delivery date of a copy of the complaint of this case from September 6, 2009 to June 1, 2016, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

2. In conclusion, the plaintiff's claim of this case is justified, and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on Nov. 6, 2015. The delivery date of the copy of the complaint of this case against the defendant is Nov. 6, 2015, and the delivery date of the copy of the complaint of this case against C is June 1, 2016 or only the defendant appealed.