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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. Basic facts
A. On March 2, 2018, the Plaintiff lent KRW 10,000 to the Defendant, and the Defendant prepared a cash custody certificate stating that “I would pay KRW 10,000,000 per day by March 16, 2018” (hereinafter “the cash custody certificate”) and issued it to the Plaintiff.
B. On March 16, 2018, the Defendant repaid KRW 14,000,00 to the Plaintiff.
C. On March 16, 2018, the Plaintiff lent KRW 7,000,00 to the Defendant again, respectively, and KRW 8,000,00 on March 19, 2018, and the Defendant around that time prepared a cash custody certificate stating that “I will pay only 210 million until April 14, 200” (hereinafter “second cash custody certificate”) and deliver it to the Plaintiff.
【Facts without dispute over the grounds for recognition, Gap evidence Nos. 3, 4, 5, Eul evidence No. 1, the purport of the whole pleadings
2. Before March 2, 2018, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 10,500,000 in total to D Co., Ltd. (hereinafter “company”) that the Defendant operated with C (hereinafter “company”). On March 2, 2018, the Defendant borrowed KRW 10,000,000 from the Plaintiff to the Plaintiff that the Plaintiff would pay KRW 10,000 in lieu of the Plaintiff’s obligation. On March 16, 2018, the Plaintiff repaid KRW 14,00,000 to the Plaintiff on his/her behalf.
Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 6,00,000,000 borrowed on March 16, 2018, and KRW 21,000,000 borrowed on March 19, 2018, as well as KRW 8,00,000 borrowed on March 19, 2018, and delay damages.
3. Determination
A. The Plaintiff loaned KRW 10,00,000 to the Defendant on March 2, 2018, KRW 7,000,000 on March 16, 2018, KRW 8,000 on March 19, 2018, and KRW 8,000,00 on March 19, 2018, and the fact that the Defendant repaid the Plaintiff KRW 14,00,00,000 on March 16, 2018 is not a dispute between the parties.
The main issue is whether or not the Defendant assumed the obligation of KRW 10,000,000 against the Plaintiff around March 2, 2018, and thus, it is examined as to this.
The purport of the whole pleadings is to be made in each entry of evidence Nos. 3, 4, 5 through 10, 12, and 13.