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. The Plaintiff decided on the cause of the claim that KRW 5,00,000 will be paid on March 31, 2004 to the Defendant on April 30, 2004, and the interest shall be KRW 200,000 per month (monthly 4%). On the same day, the Defendant paid KRW 4,50,000 calculated by subtracting KRW 50,000 as prior interest from the above loan under the pretext of prior interest (hereinafter “instant loan”) to the Defendant is not in dispute between the parties, or in full view of the purport of the entire pleadings set forth in the evidence No. 1.

Therefore, barring special circumstances, the defendant is obligated to pay 4,500,000 won and damages for delay as claimed by the plaintiff to the plaintiff.

2. The defendant's assertion and judgment

A. On April 30, 2004, the principal debtor repaid all of the instant loans to the Plaintiff, and thus, the Plaintiff’s loan claims against the Defendant were extinguished due to the repayment.

However, the Plaintiff again demanded the Defendant to repay the instant loan obligation by means of the means that the Defendant did not collect the loan certificate as to the instant loan, and the Defendant paid an additional amount of KRW 1,930,000 in total to the Plaintiff from February 6, 2013 to July 12, 2013, and received a receipt from the Plaintiff on July 12, 2013 to the effect that “the instant loan obligation was fully repaid.”

Therefore, the plaintiff's claim of this case is without merit.

B. On April 30, 2004, there is no evidence to prove that the Defendant fully repaid the instant loan, and the Defendant’s above assertion that the instant loan credit was extinguished due to the repayment on April 30, 2004 is without merit.

(2) The Defendant paid the Plaintiff KRW 1,930,00 in total,00,00 on February 6, 2013; KRW 200,00 on March 18, 2013; KRW 300,000 on April 3, 2013; KRW 300,000 on May 15, 2013; and KRW 1,930,000 on July 12, 2013; and the purport of the entire pleadings is as follows: (a) the Plaintiff paid the Plaintiff KRW 1,00 on the statement in subparagraph 1 (including a serial number; hereinafter referred to as “the instant note”).