1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 6, 2006, the Plaintiff leased KRW 8 million to the Defendant as interest rate 2%, and due date on May 6, 2007. On April 2007, the Plaintiff changed the terms of the above loan agreement to 1.5% (payment on April 10), and due date on December 30, 2007.

(hereinafter “instant loan”). (b)

around July 2007, the plaintiff, the defendant, and C agreed that C take over the Damm vehicle purchased by the defendant from the defendant (hereinafter "the vehicle of this case") and repaid the loan of this case to the plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 4, testimony of witness C of the first instance court, the purport of whole pleading

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff damages for delay from September 11, 2008, which is the following day after the plaintiff was paid interest and delay damages to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's defense

A. The Defendant’s defense of the assumption of obligation with immunity is a defense that the instant loan obligation was discharged from liability to C.

The overlapping of the assumption of an obligation is a matter of interpretation of the intention of the parties indicated in the assumption of obligation agreement, and the burden of proving that there are special circumstances to regard the assumption of obligation as the assumption of obligation is deemed to be an overlapping assumption of obligation, and the burden of proving that there are special circumstances to regard it as the assumption of obligation is the burden of proof on the part of the parties asserting it.

(See Supreme Court Decision 2001Da81948 delivered on July 12, 2002). According to the statements stated in Eul evidence Nos. 1 through 4, and the testimony of the witness C of the first instance trial, the instant loan was the obligation of the Defendant to purchase and sell rice and deliver the instant vehicle to take over the business of selling and delivering rice of C, which is operated by the Defendant, and thereafter, the Defendant purchased and sold rice.