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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. In the first instance trial, the Plaintiff sought a loan of KRW 30 million against the Defendant (=one million on June 2, 2008, KRW 19 million on June 3, 2008). The court of first instance accepted only the portion of the claim for the loan of KRW 19 million and dismissed the remainder of the claim.
Accordingly, the Defendant appealed against the part of the claim for the loan of KRW 19 million cited by the Defendant. As such, the subject of the party’s trial is limited to the claim for the loan of KRW 19 million cited by the first instance court as above.
2. The Plaintiff’s loan of KRW 19 million to the Defendant on or around June 3, 2008 does not conflict between the parties and the parties. As to the above loan, there seems to be no fixed period during which the payment period is due, barring any special circumstance, the Defendant is liable to pay the Plaintiff the above loan of KRW 19 million and the delay damages.
On June 10, 2008, the defendant defense that he paid the above loans of KRW 19 million by issuing a cashier's checks of KRW 18 million and KRW 19 million in cash to the plaintiff's wife C on June 10, 2008. Thus, if the defendant asserted that he paid the above loans of KRW 10 million, KRW 7,8,9,11, KRW 2,3,4,500, KRW 300,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00.