1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1, 2, 5, and Eul evidence No. 3 as to the cause of the claim, the plaintiff transferred 22 million won to the defendant on October 22, 2017, and paid 1 million won in cash. Accordingly, the defendant paid 23 million won to the plaintiff on February 3, 2018 (hereinafter "the money of this case") on the plaintiff on the 20th day of each month, and the interest thereon should be paid 80 million won on the 20th day of each month, and the above amount should be repaid to the defendant on August 31, 2018, and there is no evidence to support each of the above facts that the defendant lent 20 million won to the defendant on the 300th day of each month.

Therefore, the defendant is obligated to pay to the plaintiff 13,00,000 won after deducting 10,000,000 won which the plaintiff was paid from the defendant among the above loans 23,00,000 won, and to pay interest and delay damages calculated at the rate of 12% per annum from October 3, 2018 to February 21, 2019, the delivery date of a copy of the complaint in this case, as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is from the next day to May 31, 2019, and from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. The defendant alleged to the effect that he paid to the plaintiff the amount exceeding 13,000,000 won recognized earlier, but there is no evidence to acknowledge this, and this part of the defendant's assertion is without merit.

B. Although the Defendant asserts that the nature of the instant money is not a loan, it is not an investment loan, it shall not only be contrary to the content of each of the instant notes, which is a disposal document, but also objective data, such as an investment agreement supporting the Defendant’s assertion.