The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff, on behalf of C, D, and E (hereinafter “C, etc.”) entered into a sales contract where F and C, etc., representing the Defendant, sell each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant for KRW 15,000,000 (However, the form of the contract was not a gift but a gift) and received KRW 7,00,000 out of the above sales amount from F.

B. On January 11, 2012, F prepared and issued, on behalf of the Defendant, a loan certificate stating that the remainder of the purchase price will be paid to the Plaintiff by March 15, 2012 (hereinafter “instant contract amount”), 8,000,000 won, the borrower, the Defendant who borrowed the loan, and the date of repayment on March 15, 2012.

C. On March 14, 2012, the Defendant completed the registration of ownership transfer of the instant real estate due to the said donation.

On October 2012, the Plaintiff paid C, etc. the remaining purchase price of KRW 8,00,000 on behalf of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 6 and 7, and purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 8,000,000 (=15,000,000 - 7,000,000) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 11, 2019 to the date of full payment, as sought by the Plaintiff.

B. As to the Defendant’s defense of repayment, the Defendant asserted that FF withdrawns KRW 8,00,000 in cash from its own account on April 30, 2012, and that F paid the Plaintiff the said cash and repaid the instant agreed amount on May 2012.

However, the following circumstances, which can be acknowledged in the statement Nos. 1 and 2, include the whole purport of the pleadings, namely, ① the above 8,000,000 won withdrawn from the F’s account, was transferred to the G account in the name of G, and ② the Defendant’s assertion.