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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. According to the evidence evidence Nos. 1 through 3 of the judgment as to the cause of the claim, it is recognized that the Plaintiff agreed to repay the instant loan to the Plaintiff by the end of December 2015, 2015, on the following grounds: (a) the Plaintiff lent each of the Defendant’s loans of KRW 12 million around August 2012, and KRW 3 million around December 20, 2012 (hereinafter “instant loan”); and (b) the Defendant agreed to repay the instant loan to the Plaintiff by the end of December 2015.
According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff 15 million won with 5% per annum as stipulated by the Civil Act from January 1, 2016 to February 25, 2017, the delivery date of a copy of the complaint of this case from January 1, 2016 to February 25, 2017, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
2. The defendant's defense is proved that the defendant paid KRW 9 million out of the loans of this case to the plaintiff.
(1) In light of the aforementioned evidence and the purport of the entire pleadings, the Plaintiff agreed to pay interest of KRW 400,000 per month on December 20, 2012 on the instant loan while lending an additional amount of KRW 3 million to the Defendant on December 20, 2012. The Defendant asserted that the amount partially transferred to the Plaintiff as interest for the instant loan was KRW 6,29,000, which was transferred to the Plaintiff by the Defendant as interest for the instant loan was KRW 5,849,00. However, the sum of remittance submitted by the Defendant is KRW 5,849,00,000, and there is no evidence to acknowledge the remainder.
The above defense is without merit, unless there is any evidence that the defendant paid the principal of the loan in this case to the plaintiff, even though it is found that the payment was made.
3. In conclusion, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning.
The judgment of the first instance is just in conclusion, and thus, the defendant's appeal is dismissed.