1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

The Defendant borrowed KRW 30 million from the Plaintiff on January 17, 2012, KRW 50 million on October 26, 2012, and KRW 10 million on November 9, 2012, and the said transaction was conducted by account transfer.

On December 24, 2012, the defendant borrowed the lawyer's fee of three million won from the plaintiff on behalf of the plaintiff.

On March 16, 2015, the Plaintiff received reimbursement of KRW 50 million from the Defendant, and the Plaintiff also received the reimbursement from the Defendant.

In order to secure the loans under subsection (a), the debtor, the maximum debt amount of the debt amount of KRW 50 million, set up on the land owned by the defendant, the employees of the real estate agent office operated by the defendant, was cancelled.

On April 2, 2015, the Defendant issued to the Plaintiff a certificate of borrowing KRW 18,00,000 (No. 1; hereinafter “the instant certificate of borrowing”).

The repayment period of the loan certificate of this case is September 30, 2015, and there is no indication about interest.

On the other hand, on December 24, 2012, the Plaintiff remitted KRW 20 million to C’s account, and received a certificate of borrowing from C.

The Plaintiff filed a lawsuit against C with the Daejeon District Court Decision 2016Gau3313, supra, seeking a loan of KRW 20 million, and the said court rendered a judgment in favor of the Plaintiff on December 20, 2016, stating that “C shall pay the Plaintiff KRW 20 million,000,000, and damages for delay.”

C Around March 27, 2017, the appellate court filed an appeal with the Daejeon District Court 2017Na474, and concluded an adjustment to the effect that “C shall pay KRW 25 million to the Plaintiff by May 31, 2017.” Accordingly, C paid KRW 28,565,368 to the Plaintiff on July 25, 2017.

[Ground] In the absence of dispute, Gap evidence Nos. 1, 5 through 9, Eul evidence Nos. 1 through 7, and 10 (including serial numbers; hereinafter the same shall apply), and if the judgment of the court below as to the ground for a claim as to the whole of the pleadings and the purport of the whole pleadings is added to Gap evidence Nos. 2, 3, 4, and 11. The loan certificate of this case is from February 18, 2013 to January 31, 2015.