대여금
1. Of the judgment of the court of first instance, the part against the respondent in excess of the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. On December 31, 2008, the Plaintiff borrowed a loan of KRW 30 million from the Central Franchi Credit Union to the Defendant’s bank account in the name of a national bank in the name of his/her father. On March 31, 2009, the Plaintiff borrowed KRW 25 million from the Defendant and paid it to the Defendant.
B. From June 3, 2010 to December 29, 2014, the Defendant prepared and rendered to the Plaintiff the following:
(1) The certificate of borrowing on June 3, 2010 (Evidence A 8): To borrow 55 million won and to pay by June 30, 2010. < Amended by Act No. 10381, Jun. 30, 2010>
(2) A written statement of performance (Evidence A 1) dated August 27, 2010: To pay 55 million won by September 17, 2010, and to provide a security for non-performance.
(3) A written note of payment (Evidence A No. 5) dated September 28, 2010: A written apology shall be issued to pay 55 million won until October 5, 2010, and shall be written to the effect that the payment has not been made on several occasions.
(4) A written confirmation of payment (Evidence A) dated December 29, 2014: 55 million won shall be treated as being borrowed from C to C and received until January 31, 2015. < Amended by Act No. 13198, Jan. 31, 2015>
However, it is confirmed that if the defendant's daily work is processed, it will be processed first.
C. From April 2009 to May 201, 2013, the Defendant paid to the Plaintiff KRW 2,750,000,000 per month for 50 months.
The Defendant asserts that “the Defendant paid 27.5 million won per month interest and principal to the Plaintiff for 50 months from April 2009 to May 2013, 201,” and the Plaintiff asserted that “the Plaintiff was paid 27.5 million won as interest and principal from March 31, 2009 to May 31, 2013,” and that “the Plaintiff received 27.5 million won as interest and principal from the Defendant from March 31, 2009 to May 31, 2013.”
Therefore, the facts that the Defendant paid to the Plaintiff KRW 27.5 million per month from April 2009 to May 2013, 2000, separate from the above 27.5 million won, are deemed to have no dispute between the parties.
On December 10, 2015, the Defendant paid 8 million won to the Plaintiff through wife E.
[Ground of recognition] The fact that there is no dispute, Gap 1 through 5.