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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. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff lent KRW 100,000 to the Defendant on November 29, 2013.
Therefore, barring special circumstances, the Defendant is obligated to return to the Plaintiff KRW 30,500,000 ( KRW 100,000,000 - KRW 69,500,000) remaining after deducting the Plaintiff’s 69,50,000 from the Plaintiff’s 10,000,000.
2. The defendant's assertion argues that the above KRW 100,00,000, which he borrowed from the plaintiff, was the operating fund of the gas station operated jointly by E. However, when cancelling the partnership relationship with E, the defendant bears the oil payment obligation of KRW 106,30,295 arising from the above partnership relationship with the plaintiff and E, and the above loan obligation of the plaintiff against the plaintiff was agreed to be accepted by E, so the defendant does not have any obligation to return the above loan to the plaintiff.
According to the statement of evidence Nos. 1-2 through 2-2 of evidence Nos. 1-2, although it is recognized that the defendant operated a gas station in the same business as E, and paid a total of KRW 106,300,295 to Multi-Energy Co., Ltd. a sum of the oil payment obligations, it is insufficient to recognize that there was an agreement between the plaintiff, the defendant, and the E to accept the loan obligations against the plaintiff, and there is no other evidence to prove otherwise.
Therefore, the defendant's argument is without merit.
3. In conclusion, the defendant is obligated to pay to the plaintiff the amount of KRW 30,500,000 and the amount of delay damages at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 4, 2014 to the date of full payment, which is obvious that it is the day following the delivery of a copy of the application of this case. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and therefore, the defendant's appeal is dismissed. It is so ordered as per Disposition.