1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Although there is no dispute between the parties to the judgment on the cause of the claim or according to the purport of the entire entries and arguments in Gap evidence Nos. 1 through 3, the plaintiff loaned KRW 9,100,000,000, which deducts interest of KRW 900,000,000 from the prior interest of KRW 10,00 on March 14, 2014, to the defendant as of June 4, 2014 without any additional interest agreement, and each loan of KRW 5,50,000 on February 1, 2016 and KRW 5,50,500 on July 2, 2016 without setting interest and maturity.

According to the above facts, the Defendant is obligated to pay to the Plaintiff the sum of KRW 16,100,000 (= KRW 5,500,000,000) and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 16, 2017 to the date of delivery of a copy of the complaint of this case sought by the Plaintiff, barring special circumstances.

2. Judgment on the defendant's assertion

A. The defendant asserts that he remitted money to the plaintiff's account and repaid all of the above borrowed money.

According to each of the statements in the evidence Nos. 1 through 3, and 10 (including paper numbers), the sum totaled by the Defendant’s account from April 25, 2014 to December 15, 2016, as shown in the attached Form No. 19,230,000, as shown in the evidence submitted by the Defendant.

the remittances are recognized.

However, the following circumstances, which are acknowledged by the purport of Gap evidence Nos. 4 through 8 and Eul evidence Nos. 5 through 7 and the purport of the entire pleadings, are as follows: (i) the amount remitted by the defendant before borrowing KRW 5,500,000 on March 14, 2014 from the loan of KRW 9,10,000,000, which is much more than the borrowed principal, on February 1, 2016; (ii) the amount remitted by the plaintiff to the defendant, in addition to the loan sought by the plaintiff as the lawsuit in this case, is more than the amount remitted by the plaintiff to the defendant; and (iii) the money transaction between the plaintiff and the defendant is under the Agreement on Business Cooperation of the Elderly Welfare Center concluded between the plaintiff and the defendant.