1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 28,057,921 to the Defendant on October 2, 2013, including lending KRW 300,000,00 to the Defendant, and that the Plaintiff lent KRW 28,057,921 in several instances until January 27, 2014. Of them, only KRW 22,932,118 was paid, and thus, the Plaintiff sought reimbursement of KRW 5,125,803 and damages for delay.

B. Determination 1) According to Gap evidence Nos. 1, 2, and Eul evidence Nos. 1, 2, and 1, and 2, the Plaintiff obtained a loan from a financial institution on December 10, 2013 to the Defendant on the same date, and re-loans it to the Defendant on the same date. The Defendant wired KRW 91,279 to the Plaintiff’s account in the name of the Plaintiff each month; the Defendant wired KRW 10,000,000 to the Plaintiff’s account on January 26, 2015; and the Defendant additionally stated that “A30 South Korea,” while remitting KRW 2,00,000 to the Plaintiff’s account on July 29, 2015; and the amount paid from the Plaintiff’s account in the Plaintiff’s name to the Plaintiff’s account from October 27, 2013 to January 27, 2014 is excluded.

) The money was remitted over several occasions, and the total sum of KRW 22,317,118 (excluding the money paid as interest) from the Defendant’s account to the Plaintiff’s account in the name of the Plaintiff from February 10, 2014 to July 29, 2015.

) It is recognized that the above facts have been divided into several parts, and according to the above facts, it is reasonable to deem that the Plaintiff’s transfer of KRW 20,00,00 to the Defendant on December 10, 2013 and KRW 5,000,00 that the Defendant indirectly recognized on July 29, 2015 as the loan amounting to KRW 2,997,921 (=27,97,921-25,00,000). However, there is no evidence to support the remainder of the loan amounting to KRW 2,97,921 (=27,997,921-25,00,000). Meanwhile, according to the above facts, the Defendant repaid the above loan amounting to KRW 20,00,000 on January 26, 2015 and repaid the remainder of the loan amounting to KRW 5,000,000.

As such, the defendant eventually contains an expression of intent to the same effect after the plaintiff's demand for performance with respect to the balance of the loan amounting to KRW 3,000,000.