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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. Determination as to the cause of claim
A. The facts of recognition (1) The Defendant, as the husband and wife B, leased and resided in the Plaintiff’s land D’s house from October 10, 201, and extended the lease contract between the Plaintiff and the Plaintiff on August 25, 201, by setting the lease deposit of KRW 35 million (hereinafter “instant lease deposit”) and the contract term from August 25, 201 to August 25, 2013, respectively. Around June 27, 2012, the Defendant agreed on the said lease contract with the Plaintiff and delivered the said house.
(2) The Plaintiff, at the interest rate of 2% per month, lent business funds to the Defendant. On March 2, 2009, the Plaintiff transferred KRW 20 million with the deposit account in B, and KRW 30 million with the total sum of KRW 10 million on August 10, 2009 (hereinafter “instant loan”).
(3) The Defendant was declared bankrupt on October 24, 2013 in the Jung Government District Court Decision 2012Hadern29, 2012Hadern29, 2012 2826 Exemptions, but the Defendant was not granted immunity on May 9, 2014 (repealed on January 9, 2014). At the time, the Plaintiff’s list of creditors included KRW 50 million in the Plaintiff’s claims.
(4) The Defendant paid interest on the instant loan to the Plaintiff by June 11, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 3 and 8, the purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff delayed payment of the above loans of KRW 30 million and interest payment thereon, which is calculated at the rate of 20% per annum for the Plaintiff within the agreed interest rate from July 11, 2012 to the date of full payment.
2. Judgment on the defendant's assertion
A. The Defendant asserted that the Plaintiff is liable to the Plaintiff for a total of KRW 50 million including the instant loan. However, if the Plaintiff deducts KRW 35 million from the above KRW 5 million, the Defendant remains liable to the Plaintiff for a total of KRW 15 million.
Furthermore, on September 21, 2006, the Defendant borrowed a loan under the Plaintiff’s joint and several sureties.