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. Facts of recognition;

A. On September 11, 2012, the Plaintiff lent KRW 40,000,00 to the Defendant, and received reimbursement of KRW 30,000,000,000 from the Defendant on September 28, 2012, including KRW 10,000,000 on October 8, 2012, and KRW 10,000 on November 30, 2012.

B. On December 24, 2012, the Plaintiff additionally lent KRW 20,000,000 to the Defendant. At the time of the said additional loan, the Plaintiff and the Defendant agreed to pay KRW 10,000,000,000, in total, and KRW 30,000,000, in total, out of the existing loan, and KRW 20,000,000, in addition to the damages for delay calculated at the rate of 5% per month for the remaining principal if the repayment is not possible.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 30,000,000 won with 30% per annum, which is effective within the limit of the Interest Limitation Act from January 1, 2013 to July 14, 2014, and 25% per annum from the following day to the day of full payment.

As to this, the defendant defense to the effect that, around December 31, 2015, the defendant provided the plaintiff with the above loan amount of KRW 30,00,000 and delay damages of KRW 26,239,725 from January 1, 2013 to December 31, 2015, but the plaintiff refused to pay damages for delay incurred after the date of the above repayment. Thus, since the plaintiff refused to pay the above repayment, it is not possible to pay damages for delay incurred after the date of the above payment. However, it is insufficient to recognize that the defendant provided the plaintiff with the full repayment of the loan amount of KRW 30,00,00 and damages for delay incurred until the time of the above loan and the payment for delay on December 31, 2015. Since there is no evidence to acknowledge otherwise, the defendant's defense is without merit.

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.