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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is ordered.
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the "Witness D" of the judgment of the court of first instance shall be deemed as the "Witness D of the court of first instance" of the judgment; and (b) the "Date of this judgment" of the No. 17 shall be deemed as the "Date of the judgment of the court of first instance"; and (c) the following grounds are the same as the reasons for the judgment of the court of first instance, except for adding the "Additional Judgment" of the defendant as to the assertion emphasized by the court of first instance.
2. The defendant asserts that since the defendant received a total of KRW 30,00,000 from the plaintiff and D as an unsold apartment investment bond, as the plaintiff and D suffered losses, the plaintiff and D will repay the above amount as a loan, and since they repaid the plaintiff and D total of KRW 29,240,00,000, the amount which the defendant had not paid to the plaintiff is only KRW 760,000, which is the difference between the above amount and the above amount.
In light of the above facts, the Defendant borrowed KRW 23,00,000 from the Plaintiff and KRW 7,000,000 from D, and thereafter, the Defendant paid KRW 15,740,00 to the Plaintiff, and it can be deemed that the Defendant repaid KRW 13,50,000 to D’s principal and interest on the Defendant’s loan amount of KRW 7,00,000 to D. Thus, solely on the ground that the Defendant’s repayment to D exceeds the above KRW 7,50,000,000 solely on the ground that the Defendant’s repayment to D exceeds the above KRW 13,50,000,000, the remainder calculated by subtracting the above KRW 7,000,000 from the above KRW 23,00,000 against the Plaintiff cannot be deemed as a partial repayment of the Defendant’s loan amount of KRW 23,00,000 to the Plaintiff.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the judgment of the court of first instance is legitimate, and thus, the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.