1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. In full view of the purport of the entire pleadings as to the Plaintiff’s ground for appeal No. 1, it is recognized that the Plaintiff loaned KRW 30 million to the Defendant on October 24, 2013 and KRW 30 million on November 22, 2013 of the same year after the due date for payment, comprehensively taking account of the purport of the entire pleadings as to the Plaintiff’s ground for appeal No. 1. 1.

Therefore, barring special circumstances, the Defendant is obligated to pay the remainder of KRW 9 million with the remainder of KRW 21 million, excluding the remainder of the loan that the Plaintiff was paid to the Plaintiff, as well as damages for delay.

2. The Defendant’s defense is a defense that, around December 2, 2013 or October 8, 2014, there was an agreement between the Defendant and the Plaintiff on the settlement of the Defendant’s remainder of the loan due to the Defendant’s repayment of the Plaintiff’s wife C’s debt to the Defendant and the amount of subrogated payment of the loan money to the Defendant under the D’s D text.

Therefore, in light of the following facts and circumstances, it is reasonable to deem that the Plaintiff and the Defendant agreed to exempt the Defendant from the obligation of borrowing KRW 1 million against the Defendant, and to settle the Defendant’s remaining obligation of borrowing KRW 8 million against the Plaintiff by subrogation of the Defendant, with the Defendant’s payment of KRW 9 million in excess of the Defendant’s remainder of the loan amount of KRW 3 million under C’s D D.

Therefore, the defendant's above defense is justified. A.

On October 2013, the defendant lent KRW 1 million to C around early 2013.

B. On December 2, 2013, C calls to the Defendant on December 2, 2013, and pays 8 million won to the Defendant in lieu of the debt borrowed from D, and thus, he/she shall have paid fash and talked with the Plaintiff, and thus he/she shall have paid fash and talked with the Plaintiff.” Thus, C again calls to the Plaintiff.