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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
Comprehensively taking account of the overall purport of the arguments in Gap evidence 1, 1, 2, and 3 (the defendant alleged that it was made by intimidation by the plaintiff, but no evidence exists to acknowledge it), the defendant prepared a loan certificate stating that "the defendant borrowed five million won from the plaintiff" on October 24, 201, and the defendant made a loan certificate stating that "the defendant borrowed five million won from the plaintiff on March 26, 201, and borrowed five million won from the plaintiff on October 24, 2011, and repaid the amount of five million won on October 6, 2012" and the defendant promised to pay the remaining amount of KRW 10 million in advance by dividing the amount of KRW 10 million on two occasions, and the defendant promised to pay the amount of KRW 515,000 until the end of the proceedings.
“The fact that “the Plaintiff prepared and executed a loan certificate,” and the Plaintiff was paid KRW 1,035,00 from the Defendant, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the loan amount of KRW 8,965,00 (=10,000,000 - 1,035,000) and damages for delay calculated at the rate of 20% per annum from January 9, 2015 to the day of full payment, which is the day following the delivery of the copy of the instant complaint, to the day of full payment.
In regard to this, the defendant argued that all of the amounts of KRW 10 million lent by the plaintiff two times were delivered to C, which is not the defendant, and the defendant merely received part of multi-level marketing goods from C, and cannot be deemed to have concluded a loan contract between the plaintiff and the defendant. Thus, in full view of the whole purport of the pleadings, it is recognized that the plaintiff delivered the loan of KRW 10 million to C, not the defendant, but the third party who is not the direct party to the loan contract, can receive the loan according to the intention of the party, and as seen above, as the defendant has borrowed money from the plaintiff several times, it is directly against the plaintiff by preparing a loan certificate that the plaintiff borrowed money from the plaintiff.