1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. In light of the fact that there is no dispute over the cause of the claim, the entry in Gap evidence No. 1, and the purport of the entire pleadings, the plaintiff may recognize the fact that the plaintiff lent KRW 15 million to the defendant on March 15, 2012 by setting the interest rate of KRW 2% and May 15, 2013. Meanwhile, the plaintiff was paid KRW 5 million from the defendant on April 18, 2013 and on May 20, 2013.

According to the above facts, barring any special circumstance, the defendant is obligated to return the remaining loans (=15 million won - 10 million won) to the plaintiff and damages for delay.

2. Judgment on the defendant's defense

A. As to the Defendant’s assertion, the Defendant asserted that the Plaintiff’s claim against the Defendant was extinguished since the Defendant repaid not only KRW 10 million to the Plaintiff, but also KRW 5 million, and that the Plaintiff’s claim against the Defendant was extinguished. The Plaintiff asserted that, around December 201, the Plaintiff’s claim against the Defendant was not extinguished since Nonparty C, who borrowed KRW 5 million from the Plaintiff around December 201, borrowed KRW 5 million to the Plaintiff via the Defendant.

B. In light of the following circumstances, the Defendant transferred KRW 5 million to the Plaintiff to the account in the name of Nonparty D, which is the husband of the Defendant, on March 17, 2012, and the Plaintiff filed a complaint against the Defendant for fraud, etc.: (a) it is reasonable to deem that the Defendant paid the instant loan to the Plaintiff in cash around March 15, 2012; and (b) it is insufficient to conclude that the Plaintiff paid KRW 5 million to the Plaintiff via the Defendant on March 15, 2012, in view of the fact that the Plaintiff filed a complaint against the Defendant for fraud, etc., and that there was a fact that the Plaintiff paid KRW 5 million to the Plaintiff via the Defendant on March 15, 2012.

Therefore, the defendant's defense is justified.

3. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is with this conclusion.