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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
1...
Reasons
1. The assertion and judgment
A. Comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff is obligated to pay the Plaintiff the amount of KRW 9 million to the Defendant on April 18, 2017 at the rate of 20% per annum of July 18, 2017, interest and delay damages, and at the rate of 20% per annum (hereinafter “instant loan”). Barring special circumstances, the Defendant is obligated to pay the Plaintiff the amount calculated by each of the annual interest rates of KRW 9 million per annum from June 30, 2017, which is the date of delivery of a copy of the complaint of this case, to November 18, 2017, which is obviously the date of delivery of a copy of the complaint of this case, from June 30, 2017, which is the date of delivery of a copy of the complaint of this case, and from the following day to the date of full payment.
B. As to the Defendant’s assertion and judgment 1), the Defendant alleged that the instant loan was borrowed for gambling and did not have a duty to repay it. However, there is no evidence to acknowledge this, the Defendant’s allegation is without merit. In addition, the Defendant asserts that the Defendant had already repaid the instant loan to the Plaintiff, and thus, in full view of the overall purport of the entries and arguments in the evidence No. 1, the Defendant paid KRW 25,200,000 to the Plaintiff from March 22, 2017 to July 1, 2017.
However, the facts acknowledged earlier and the statement in Gap evidence No. 3 revealed the following circumstances, namely, the defendant paid 8.1 million won to the plaintiff four times prior to the loan of this case, and the total amount of money paid to the plaintiff exceeds the loan of this case. The loan of this case seems to have been traded in money other than the loan of this case between the plaintiff and the plaintiff before the loan of this case, and the defendant paid money to the plaintiff after July 18, 2017.