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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 first instance court.
Reasons
1. Determination as to the claim for a loan of KRW 10 million
A. On September 2, 2008, the Plaintiff (Plaintiff A) set a maturity of KRW 3 million to the Defendant on September 30, 2008 and lent it to the Defendant on September 30, 2008.
(Interest 100,000 won was paid in advance). The Defendant is obligated to pay the Plaintiff the principal and interest of the loan of the above 3 million won.
B. On November 1, 2005, the Plaintiff has been engaged in money transactions, such as lending KRW 2 million to the Defendant on January 1, 2005, and KRW 3 million on January 5, 2006.
However, on October 18, 2015, the Defendant, who did not repay the principal and interest of the loan to the Plaintiff at once, prepared a certificate of borrowing the Plaintiff to the effect that the Plaintiff would repay the loan amount of eight million won by November 13, 2015.
The defendant is obligated to pay the principal and interest of the above eight million won to the plaintiff.
Upon filing the instant lawsuit, the Plaintiff lent KRW 8 million to the Defendant on October 18, 2015.
Although 'the assertion' was asserted, the argument about the above 8 million won was changed from the preparatory document dated February 11, 2019.
2) Defendant borrowed KRW 11 million in total from September 2, 2008 and KRW 3 million on October 13, 2015. However, the Defendant, at the Plaintiff’s request, prepared a loan certificate (Evidence 1) as of October 13, 2015 on the date of repayment, and delivered it to the Plaintiff. Accordingly, the obligations indicated in the previous loan certificate were all extinguished. The Plaintiff entered the above loan certificate in C at will, based on the above loan certificate (Evidence 1), and C filed a lawsuit against the Defendant seeking payment of KRW 11 million, and obtained judgment in favor of the Plaintiff (Seoul High Court Order 2017Na10937, Oct. 13, 2015), and the Plaintiff did not seek payment of KRW 10 million between the parties to the loan and the Plaintiff’s claim for payment of KRW 10 million between the parties to the loan and the Plaintiff’s claim for payment of KRW 100,000,000 among the parties to the loan.