대여금 등
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. In determining the cause of the claim, the Defendant promised to borrow money from the Plaintiff several times from the year 2001 to the Plaintiff while operating a fish farm, and that “on April 15, 2015, interest KRW 15 million on the Plaintiff’s investment will be paid to the Plaintiff up to December 30, 2015.” ② On December 30, 2016, the Defendant promised to “on March 18, 2009, interest on the loan amount of KRW 40 million and the sum of the Plaintiff’s credit card fees unpaid until March 30, 2017,” and agreed to “on April 15, 2017, interest on the loan amount of KRW 15 billion and unpaid interest on the credit card amount of KRW 40 million until December 30, 2015,” and that there was no dispute between the parties to the loan and unpaid interest on the loan amount of KRW 200 million until March 18, 2017.”
Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the total of KRW 15 million and the unpaid credit card price of KRW 24 million as interest, as requested by the Plaintiff, as well as KRW 39 million, as agreed upon by the Plaintiff.
In regard to this, the defendant asserted that the plaintiff lent money to the defendant in cash, and submitted the plaintiff's account transaction details as evidence. However, this argument argues that the plaintiff's loan of 200 million won to the defendant only appeared on the date of lending the plaintiff's account, and that this only does not mean that the plaintiff lent money to the defendant.
However, the evidence No. 2 (notarial Deed) states that "the plaintiff lent KRW 200 million to the defendant on March 18, 2009, and the defendant borrowed it," and states that "No. 11 certificate (the agreement dated December 30, 2016) is also stated as "the borrowed money of KRW 200 million on March 18, 2009."
In other words, there is sufficient evidence to acknowledge that the Defendant was 200 million won borrowed money.
2. Judgment on the defendant's defense
A. The Defendant’s judgment on the defense of revocation on the ground of mistake or duress A.