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. Summary of the parties' arguments;

A. The Plaintiff lent KRW 40,000,000 to the Defendant, who is the Plaintiff’s father, to receive KRW 450,000 per annum.

Since the Defendant delays interest from January 2012, 201, the Defendant is obligated to pay the Plaintiff 62,50,000 won in the aggregate of the principal amount of KRW 40,000,000 and the interest amount of KRW 22,50,000 ( KRW 450,000 x 50 months) during the period from January 2012 to February 50, 2015, and delay damages for the principal amount of KRW 62,50,00 in the Plaintiff.

B. Upon the Plaintiff’s recommendation, the Defendant invested KRW 92,05,50 in the real estate located in Asan City C, but lost its entirety. Accordingly, the Plaintiff and the Defendant agreed to exempt both the Defendant’s obligation to compensate for damages and the Plaintiff’s obligation to repay the loan, and thus, the Plaintiff cannot comply with the Plaintiff’s request.

2. In the absence of a dispute between the parties to the judgment on the cause of the claim, or in full view of the purport of the entry in the evidence No. 1 and the entire pleadings, the Plaintiff is recognized to lend KRW 40,000 to the Defendant on October 29, 2009 (hereinafter “instant loan”).

Therefore, the Defendant is obligated to pay to the Plaintiff the damages for delay calculated by adding 5% per annum under the Civil Act from August 3, 2016 to January 10, 2017, which is the date following the date of the first instance judgment, to the date of the delivery of the copy of the complaint of this case sought by the Plaintiff with respect to the existence and scope of rights and obligations, to the Plaintiff, by adding 5% per annum under the Civil Act from the following day to the date of the full payment.

The Plaintiff asserts that the Plaintiff agreed to pay interest of KRW 450,00 each month on the instant loan, and according to each of the statements in the Evidence No. 2-1 through No. 4, 201, the Defendant transferred KRW 500,000 to the Plaintiff on October 4, 201, KRW 460,000 on December 2, 201, KRW 450,000 on January 31, 201, and KRW 40,000 on April 5, 2012, the Plaintiff is deemed to have agreed to pay interest of KRW 450,000 each month. However, each of the above transfers is deemed not to have been irregular and certain amount of remittance.