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. Basic facts

A. On November 15, 2016, the Defendant: (a) made a temporary loan to the Plaintiff with the phrase “10 million won in daily payment (10,000,000 won) borrowed money from the representative of B as the representative of B, who is the representative of C (ju), so that the corporate tax refund is refunded during the second month; (b) compensates the Plaintiff for 1.5 times as of the unpaid refund road; (c) on March 29, 2017, the word “C (representative) B, and enterprise D”; and (d) written the Defendant’s resident number and the Defendant’s home address, which are written as the respective number of each payment (hereinafter “the instant loan certificate”); and (c) made it available to the Plaintiff.

B. On November 29, 2016, the Plaintiff issued to the Defendant a cashier’s check of F-issuance Co., Ltd., Ltd., a check number E, par value of 10,000,000, and the Defendant, on the same day, prepared a receipt stating “one million won per day, F E, and F, and F, which are regularly received with borrowed money,” and issued it to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts finding that the Defendant borrowed KRW 10,000,000 from the Plaintiff as of March 29, 2017, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 10,000,000,000, and the delay damages after the due date, barring any special circumstance. As such, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 10,000,000 and the delay damages after the due date.

B. If the Plaintiff and the Defendant fail to repay the loan of KRW 10,000,000 by March 29, 2017, the Plaintiff and the Defendant shall pay KRW 1.5 times (i.e., KRW 15,000,000) if they fail to repay the loan by March 29, 2017.

The facts stated above are as follows. This is the agreement to pay additional KRW 5,00,000 in addition to the principal of the loan, and the above KRW 5,000,000 is reasonable to view that the above KRW 5,00,000 as the liquidated damages for the nonperformance of obligation by the defendant.

On the other hand, Article 398(2) of the Civil Code shall be liable for damages.