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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
[Claim]
Reasons
1. Determination on the cause of the claim
A. On January 25, 2016, the Plaintiff transferred KRW 10,000,00 to the Defendant’s C account designated by the Defendant and lent KRW 10,000,000 to the Defendant. As such, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 10,000,000 and the damages for delay thereof. (ii) The Defendant is not the Defendant but D.
B. In light of the following facts and circumstances, it is reasonable to view that the Defendant borrowed KRW 10,00,000 from the Plaintiff on January 25, 2016 without fixing the due date for payment, as the Plaintiff seeks, the Defendant is obligated to pay to the Plaintiff the amount of KRW 10,000,000 from June 29, 2017 to the day of full payment, which is the day following the delivery of the copy of the complaint of this case, to the day of full payment, pursuant to the Plaintiff’s claim, the amount of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery of the copy of the complaint of this case.
① At the time of January 2016, C had a large number of claims and obligations to the Defendant due to a business relationship with the Defendant at that time, “A shall lend KRW 150,00,000 to the Defendant that he/she would have the intent to repay KRW 10,000 so that he/she may be deemed to have the intent to repay and re-afforested the amount of KRW 150,000,000 to the Plaintiff at the time of January 2016.” The Defendant is not D.
② At the time when the Defendant was investigated by the Plaintiff as the Chuncheon District Prosecutors’ Office (Seoul District Public Prosecutor’s Office), which was accused of fraud from the Plaintiff, in order to borrow KRW 150,000,000 from C with business capital, around January 16, 2016, the Defendant sought a loan of KRW 10,000,000 to the Plaintiff. On January 25, 2016, the Defendant also borrowed KRW 10,000 from the Plaintiff to borrow KRW 150,000,000, which was promised by C, but did not receive KRW 150,000,000, which was promised by C, and did not receive KRW 10,000 from the Plaintiff.