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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. Basic facts
A. On November 2009, the Plaintiff borrowed KRW 150 million from the Defendant’s father C, and lent it to the Defendant’s father C using the above loan, and C purchased Gunsan-siF in the Plaintiff’s name and completed the registration of ownership transfer for the purpose of securing the above loan claim.
B. On February 25, 2016, C sold the amount of 100 million won in the military city F in the name of the Plaintiff to G in the name of the Plaintiff. In this case, the Plaintiff was given preferential payment of KRW 100 million out of the purchase price with a partial repayment of KRW 1.5 million.
C. On February 25, 2016, C promised the Plaintiff to establish as a guarantor the Defendant as a security for the remainder of KRW 150 million in the loan, and accordingly, on February 26, 2016, the Defendant drafted an agreement with the Plaintiff that “the Defendant shall pay to the Plaintiff KRW 50 million (hereinafter “instant contract amount”) by December 31, 2016.”
Meanwhile, on the other hand, from H on May 23, 2008, C leased 50,000 won (hereinafter “instant deposit”) to the Plaintiff on the 500,000 won (hereinafter “the instant deposit”) and the 500,000 won per month of rent. On March 22, 2016, C returned 50,000 won from H, and on the same day, C paid 25,000 won out of the said deposit to the Plaintiff.
E on March 22, 2016, the Plaintiff prepared and ordered a payment guarantee that “C will pay KRW 25 million to the Plaintiff by April 30, 2016,” and paid KRW 25 million to the Plaintiff on December 15, 2016.
【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 4, 9, Eul's evidence No. 4, the purport of the whole pleadings
2. Determination
A. As the Defendant prepared and delivered an agreement to pay the instant contract amount to the Plaintiff on February 26, 2016, the judgment on the cause of the claim was made and delivered by the Defendant, barring any special circumstance, to the extent of March 30, 2018, when the original copy of the instant payment order was served on the Plaintiff from January 1, 2017, which was the date following the due date for payment.