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. On August 5, 2010, the Defendant issued to the Plaintiff a promissory note with a face value of KRW 50 million, the due date for payment, November 4, 2010, and the Plaintiff. On the same day, a notary public prepared and delivered a notarial deed with No. 168 of 2010 on the same day to the Plaintiff.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. On August 5, 2010, the Plaintiff asserted that the Defendant did not pay the amount of KRW 50,000 to the Defendant, even though the Plaintiff lent the amount of KRW 50,000 to the Defendant on November 4, 2010, and thus, the Defendant did not pay the amount. Therefore, the Plaintiff sought payment of the said amount

B. The Defendant’s assertion 1) Unlike the language and text of the above notarial deed, the actual borrowed money is merely KRW 10 million. 2) The Plaintiff and the Defendant agreed to pay the above loan on the condition that the Defendant won in the lawsuit of lien on construction expenses with a third party that was pending at the time.

3) On April 2010, the Plaintiff was filing a civil suit with Nonparty C, but the Defendant paid KRW 10 million to the Defendant when the Defendant had sexual intercourse with the Defendant. However, since the Defendant had sexual intercourse with the above agreement, the Plaintiff is obliged to pay KRW 10 million to the Defendant (the Plaintiff’s assertion that the above amount should be deducted).

3. Determination

A. It is reasonable to view that the Plaintiff loaned KRW 50 million to the Defendant on the grounds that a promissory note No. 50 million was prepared between the Plaintiff and the Defendant. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 5, 2018 to the day of full payment, as the Plaintiff seeks.

B. As to the Defendant’s assertion on the foregoing 1 claim, it is recognized that the Plaintiff lent KRW 10 million to the Defendant, contrary to the content of the said promissory note No. 1 only on the basis of the evidence submitted by the Defendant.