1. The appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim: the defendant.

1. The plaintiff has lent money over several occasions to the defendant. The defendant, who is obligated to pay the unpaid amount of KRW 10 million, to the plaintiff on March 21, 201, issued and delivered a certificate of loan as stated on March 23, 2011, can be acknowledged according to the respective statements in subparagraphs 1, 2, and 3 and the purport of the entire pleadings, and there is no evidence that interfered with this.

2. (1) According to the facts of recognition as to the Plaintiff’s claim, the Plaintiff is obligated to pay to the Defendant damages for delay at each rate of 15% per annum under the Civil Act from March 24, 2011 to October 18, 2017, the delivery date of the original payment order of this case, since it is recognized that the Plaintiff entered into a quasi-loan loan agreement with the Defendant as of March 23, 201 in lieu of the existing loan. Thus, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.

(2) On September 201, the Defendant asserted that he borrowed KRW 13.8 million from Nonparty C and paid it to the Plaintiff as principal and interest. However, it is not sufficient to recognize the Defendant’s defense on the bill transaction document No. 2 (the passbook transaction statement. This is only the Defendant’s repayment statement against C), and there is no other evidence to acknowledge it. Thus, the Defendant’s defense is rejected.

3. In conclusion, the plaintiff's claim of this case should be accepted for the reasons, and the judgment of the court of first instance that shares the same conclusion is justifiable, and the defendant's appeal is dismissed and it is so decided as per Disposition.