대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
1. Comprehensively taking account of the allegations by the parties and the purport of the entire arguments in Gap evidence Nos. 1, 2, and 3, the plaintiff paid 2.7 million won to the defendant on December 2, 2016, which was set as the repayment period on May 12, 2017 after deducting 300,000 won from the advance interest. The plaintiff extended 8 million won to the defendant until January 15, 2019, and the defendant promised to pay 200,000 won each month from February 2, 2019 to March 3, 2019, and 50,000 won each month.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the total amount of KRW 10.7 million (= KRW 2.7 million) and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 6, 2019 to the date of full payment, as claimed by the plaintiff, after each due date for payment.
In this regard, the defendant asserts that if calculating the principal and interest repaid to the plaintiff so far, the full amount of the loan was fully repaid and the plaintiff made a double payment of the loan certificate, there is no evidence to acknowledge the defendant's argument.
2. Conclusion, the plaintiff's claim shall be accepted on the ground of its reasoning.
The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.
However, Article 1 of the judgment of the court of first instance was modified by the court in accordance with the reduction of the plaintiff's claim.