1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. The parties' assertion

A. On December 1, 2008, the Plaintiff lent 5 million won interest rate of 0.015% per month to the Defendant on December 1, 2009, and the due date of repayment on December 1, 2009. The Defendant is obligated to pay to the Plaintiff the interest or delay damages at each rate of 20% per annum under the Civil Act, which is the following day, from December 2, 2009 to the date on which the duplicate of the complaint in this case was delivered to the Plaintiff on February 1, 201, and as the Plaintiff seeks, from the next day to the date on which the copy of the complaint in this case was delivered, the Defendant is obligated to pay to the Plaintiff the interest or delay damages at each rate of 5 million won per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date on which the payment is made.

B. On December 8, 2008, the Defendant borrowed KRW 2 million from the Plaintiff at the interest rate of 0.03% per month. The Defendant repaid KRW 1 million to the Plaintiff around March 2010, and on February 1, 2011, repaid the remainder of KRW 2 million and interest thereon.

2. According to the purport of Gap evidence No. 4 and the whole arguments, it is acknowledged that the plaintiff paid a deposit of KRW 4 million on December 1, 2008, which is the date on which the plaintiff alleged that he lent money to the defendant, from the account under the plaintiff's name, or from the defendant borrowed a part of money from the plaintiff. In light of this, it is reasonable to deem that the plaintiff lent a loan to the defendant on December 1, 2008.

Therefore, the defendant is obligated to pay interest or delay damages at the rate of 5% per annum under the Civil Act from December 2, 2009 to the date on which a copy of the complaint of this case was served, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date on which the copy of the complaint of this case was served, as requested by the plaintiff.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.