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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. Facts of recognition;
A. The Plaintiff, on May 3, 1994, lent to the Defendant the amount of KRW 20 million due on June 3, 1994 and at the rate of 20% per annum.
B. On January 21, 2005, the Plaintiff filed a loan lawsuit against the Defendant with the Seoul Western District Court 2005 Ghana15779, and received the performance recommendation decision from the above court on February 16, 2005, and the said performance recommendation decision became final and conclusive.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the agreed interest and delay damages calculated at the rate of 20% per annum from May 3, 1994 to the date of full payment, which is the lending day.
In regard to this, the defendant asserts to the effect that, although the loan 20 million won was fully repaid, the loan 20 million won was not collected from the plaintiff, and the company coefficient of Gwangju Bank was repaid after borrowing funds from the plaintiff at a discount from the plaintiff, the plaintiff did not raise any problem as to the above loan certificate in the process, and that, since the check or bill was exchanged at the defendant's financial account from April 1994 to March 1995, both the money was deposited into the plaintiff's account and the loan was fully repaid in such a way.
However, in view of the fact that it is difficult to view that the Defendant repaid the instant loan only with the statement of No. 1, and rather, it constitutes an example that the Defendant did not collect the certificate of borrowing while repaying the loan, the above assertion is rejected.
3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.