대여금
1. Of the judgment of the court of first instance, the part of the judgment against the defendant is modified as follows.
The defendant shall pay to the plaintiff KRW 235,768,850 and its importance.
1. Basic facts
A. On December 5, 2011, the Defendant: (a) prepared a cash custody certificate stating that “250,000,000 won shall be kept in custody on December 5, 201, and the Plaintiff shall be paid KRW 150,000,000 to the Plaintiff by June 10, 2012; (b) the Plaintiff shall be paid KRW 100,000,000 each by July 10, 201 (hereinafter “the cash custody certificate of this case”); and (c) made up the cash custody certificate of this case with the purport that “the Plaintiff shall be paid KRW 180,00,000 from the Plaintiff on December 5, 201.”
B) The Defendant borrowed the Plaintiff’s total amount of KRW 115,00,000 from September 31, 2012 to September 4, 2013 as listed below. The amount of KRW 115,00,000 on the date of repayment (the original amount) (the initial amount of KRW 70,000 on September 13, 2012) (the initial amount of KRW 10,000,000 on August 27, 2013; 10,000,000 on December 24, 2012; 3,00,000,000 on August 29, 2013; 10,000,000 on the aggregate of KRW 10,00,000,00 on December 10, 200,003; 10,004, 2013;
C. On October 21, 2013, Co-Defendant C of the first instance trial (hereinafter “C”) agreed to the effect that “Defendant’s surety would repay KRW 65,00,000 out of the Defendant’s debt of the instant loan to the Plaintiff by October 21, 2015.”
(hereinafter “instant Guarantee Agreement”). D.
C paid to the Plaintiff KRW 10,00,000 on February 16, 2015, and ② paid KRW 30,000,000 on December 16, 2016, in total, KRW 40,000 (= the above KRW 10,00,000,000) to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3-2, Eul evidence 1, Eul evidence 1, testimony of the first instance court witness D and the purport of whole pleadings
2. The balance of debts borrowed;
A. In full view of the fact that the Defendant borrowed 180,000,000 won from the Plaintiff as seen earlier of appropriation of the principal, interest, and the Defendant prepared a cash custody certificate to pay the Plaintiff KRW 250,000,000 to the Plaintiff, it is reasonable to deem that the Defendant agreed to pay the Plaintiff interest of KRW 70,000,000 in addition to the principal amount borrowed (= KRW 250,000,000 - KRW 180,000,000). However, the above agreement is reasonable to deem that the Defendant agreed to pay the Plaintiff the interest of KRW 180,000 in addition to the principal amount borrowed.