대여금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 41,938,991 and KRW 38,938,991 among them.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except in the following cases. Thus, the part of the judgment of the court of first instance cited it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act (the purport of the judgment of the court of first instance is to partially revoke the judgment, which is in violation of Article 203 of the Civil Procedure Act). 2. '2. argument and judgment' among the reasons of the judgment
(3) Paragraph (1) is below 41,938,91 won (i.e., KRW 38,938,91 won among KRW 5,810,225) within the scope the Plaintiff seeks, and 38,938,991 won among them, 38,991 won shall be 30% per annum from March 8, 2017 to July 5, 2017, the delivery date of the original copy of the payment order; 5% per annum from the next day of the judgment of the court of first instance until August 22, 2018, which is the date on which the Defendant served with the original copy of the payment order; 15% per annum from the next day of the Civil Act until the date on which the Defendant served with the original copy of the payment order; 300,000 won per annum from the next day to the date on which the payment order was served; and 28% per annum from the date on which the Defendant served with the original copy of the payment order.
3. The plaintiff's claim is justified within the scope of the above recognition and the remaining claim is dismissed as it is without merit. Since the judgment of the court of first instance is partially unfair in conclusion, the defendant's appeal is accepted and the judgment of the court of first instance is modified as per Disposition.