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. Facts of recognition;

A. From April 2013, C had been operating a computer game room (hereinafter “the instant PC room”) with the trade name “E” in the Gu and America from April 2013, and the Plaintiff leased C with the operating fund of the instant PC KRW 10.7 million to C, thereby holding a loan claim of KRW 10.7 million with the principal to C.

B. When acquiring the right to operate the instant PC from C (transfer to the business name as of October 1, 2015), the Defendant: (a) between C and the Plaintiff on September 25, 2015; and (b) determined the principal of the Plaintiff’s loan to C as KRW 10,77 million as of the date of the contract; and (c) deemed that the Plaintiff lent the Plaintiff as of the date of the contract to the Defendant (hereinafter “instant loan”); (d) the Defendant agreed to pay the Plaintiff the instant loan (e.g., March 31, 2016), and (e) the Defendant drafted a “computer game loan loan certificate” under which the Plaintiff would pay KRW 120,000 per month interest on the instant loan from October 2015 to the Plaintiff.

[hereinafter] The loan certificate of this case is written by the Defendant on behalf of F (hereinafter “A”), but the party falling under “A” of the loan certificate of this case is the Defendant and the Defendant indicated only in the name of F in lieu of his name and the fact that the Defendant written the loan certificate of this case does not conflict between the parties.

Since then, the Defendant paid each interest on the instant loan to the Plaintiff KRW 120,000 on October 12, 2015, KRW 120,000 on November 8, 2015, KRW 120,000 on December 8, 2015, KRW 120,000 on December 8, 2015, and KRW 120,000 on January 12, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the Defendant calculated the Plaintiff at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 14, 2017 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, as the Plaintiff’s claim, after the due date for payment.