The Defendant-Counterclaim Plaintiff’s appeal is dismissed.

Expenses for appeal shall be borne by the Defendant (Counterclaim Plaintiff).

purport, purport, and.

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

According to the statement in Gap evidence No. 5 as to the claim of this lawsuit, the defendant borrowed KRW 16,300,000 from the plaintiff on November 10, 2014, and prepared and delivered a loan certificate to the plaintiff to the effect that the plaintiff shall repay the loan by April 15, 2015 (hereinafter "the loan certificate of this case"). According to these facts, the defendant is obligated to pay the loan of KRW 16,300,00 to the plaintiff.

Furthermore, according to the Plaintiff’s interest claim or damages for delay, the loan certificate of this case states that “the method of payment of interest shall be deposited to the creditor by the date of repayment.” According to these facts, the Defendant may be deemed to have agreed to pay interest to the Plaintiff from November 11, 2014, the day following the date when the loan certificate was issued, but there is no evidence to acknowledge the agreement on interest rate, and the Defendant is ultimately liable to pay interest or damages for delay at 5% per annum to the Plaintiff pursuant to Article 379 of the Civil Act.

Therefore, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 5% per annum from November 11, 2014 to May 7, 2020, which is the date of the first instance judgment, and 12% per annum from the next day to the date of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's assertion and counterclaim

A. The Defendant asserts that no part of the amount of the loan certificate was borrowed, and the Defendant asserted that the Plaintiff had a claim for the loan of KRW 6,300,000 to the Defendant at the time of drawing up the loan certificate, and that when drawing up the loan certificate of KRW 16,30,000,000, the remainder of KRW 10,000 shall be lent to the instant loan certificate. However, the Plaintiff did not lend KRW 10,000,000 thereafter, and thus, the Plaintiff cannot accept the Plaintiff’s claim.