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. Basic facts

A. While the Defendant had been engaged in monetary transactions with the Plaintiff for about 10 years ago, around August 30, 2016, the Defendant issued and delivered a loan certificate stating that “the Defendant borrowed KRW 211,110,000 from the Plaintiff by fixing the deadline for payment by December 30, 2020” to the Plaintiff (hereinafter “the instant loan certificate”).

B. On August 9, 2018, the Defendant issued and delivered a written agreement (hereinafter “instant agreement”) stating that “a person shall repay the borrowed amount under the instant loan certificate by the end of September 2018” to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The parties' assertion

A. On August 30, 2016, the Plaintiff received the instant loan certificate from the Defendant that “The Defendant borrowed KRW 211,110,000 from the Plaintiff until December 30, 2020” in order to settle the previous monetary transactions between the Defendant and the Defendant, for about ten (10) years ago, and around August 30, 2016, the Plaintiff received the instant loan certificate from the Defendant that “the Defendant borrowed KRW 211,110,00 from the Plaintiff until the due date for payment set forth in the instant loan certificate until December 30, 2020.” On August 9, 2018, the Plaintiff received the instant agreement from the Defendant that “the repayment by the due date for payment by the instant loan certificate shall be made by the due date for the change of the due date set forth in the instant loan certificate,” and thereafter, the due date for payment set forth in the instant agreement has arrived.

3) Therefore, the Defendant is obligated to pay to the Plaintiff the loan amount of KRW 211,10,000 under the instant loan certificate and written agreement, and delay damages therefor. (B) The Defendant’s assertion 1) merely bears an obligation to the Plaintiff as to the portion exceeding the above amount, since the sum of the funds actually borrowed from the Plaintiff is about KRW 15,00,000,000.

2. The loan certificate and agreement of this case are documents prepared by the defendant formally according to the plaintiff's proposal. Thus, the plaintiff and the defendant expressed their intent in accordance with the loan certificate and agreement of this case.