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. The assertion and judgment

A. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 1 as to the cause of claim, it is recognized that the plaintiff lent KRW 10,00,000 to the defendant on September 21, 2016 as the due date for repayment on October 31, 2016 (hereinafter “instant loan”). Therefore, the defendant is obligated to pay to the plaintiff 10,000,000 and damages for delay calculated at each rate of 15% per annum as prescribed by the Civil Act from November 1, 2016 to December 26, 2017, the delivery date of a copy of the complaint of this case, from November 1, 2016 to December 26, 2017, which is the delivery date of a copy of the complaint of this case.

B. On August 17, 2017, the Defendant asserted that all of the instant loans were repaid on August 17, 2017, and the Plaintiff asserted that the said money was received as part of the amount of damage caused by criminal cases.

In full view of the purport of the argument in Gap evidence 2 and 3, the defendant was sentenced to one year and ten months from September 22, 2016 in the Incheon District Court Branch of the Incheon District Court (2015Dadan1868) to the effect that "the defendant, despite the lack of intention or ability to move the scrap metal arising from the process of removal of the C market, by deceiving the plaintiff as an intermediate payment against the purchase price of the scrap metal, acquired it by deceiving the plaintiff." The defendant shall be acknowledged to have remitted part of the above criminal case money from the appellate court to the plaintiff on August 15, 2017:

According to the above facts of recognition, the amount that the defendant remitted to the plaintiff on August 17, 2017 is the criminal fraud money.