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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The text of the judgment of the court of first instance is set forth.
Reasons
1. The Defendant, on July 3, 2009, transferred KRW 12,700,000 from the C’s account on July 3, 2009, on the date of basic facts (original) on July 26, 2006, while receiving KRW 12,700,000 from the Plaintiff’s account on July 3, 2009, the remittance amount is KRW 10,000,00.
On October 20, 200, 2000, 40,000, 2000 on November 16, 2009, 80,000,000 on December 1, 2009, 200, 2000, 80,000 on December 22, 2009, 200,000 on April 7, 2011, 200, 30,000 on April 30, 200, 200 on June 1, 2011, 30,000,000 on June 8, 201; and
A. The Defendant received a total of KRW 630 million from July 26, 2006 to June 8, 2011, as indicated in the following table, from the Plaintiff, who is a parent of C through the account of friendship or C.
B. The Defendant, around November 201, stated that KRW 630,000,000 as KRW 660,000,000 to KRW 1 (Agreement) between the Plaintiff and the Plaintiff is the total amount of the loan. However, the Plaintiff stated that the amount of KRW 30,00,000,000, out of the total amount of the claimed principal at the date of the third pleading at the trial on November 16, 2009, was withdrawn or reduced once, since the said amount overlaps with the amount of KRW 30,000,000,000,000, excluding this, shall be deemed as the total amount of the loan.
The Defendant confirmed the amount borrowed from the Plaintiff, and the maturity is June 30, 2012, and paid interest at 12% per annum from the date of each loan to the date of full payment of the loan, and the Defendant’s name establishes an agreement with respect to each land in the name of the Defendant, E, E, F, G, H, I, J, K, and building above F, H, and building above, to set up a right to collateral security for KRW 1 billion in the future of the Plaintiff (Evidence A; hereinafter “instant agreement”).
C. (1) On March 8, 2013, C pays to the Defendant damages for delay calculated at the rate of 12% per annum from March 8, 2013 to the date of full payment of the leased principal (“611,792,623 won” (i.e., the total damages for delay calculated at the rate of 12% per annum from the respective lending dates to March 7, 2013) and the total damages for delay calculated at the rate of 12% per annum from March 8, 2013 to the date of full payment of the leased principal (“12,623 won”).