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

Basic Facts

The plaintiff between the plaintiff and the defendant is a business operator engaging in the construction business, and the defendant is a business operator engaged in the wholesale and construction business of building materials in the trade name D, and the plaintiff and the defendant became aware of before 30 years, they became friendly.

The Defendant requested the Plaintiff to lend the purchase price of new parts, room takeover fund, housing purchase fund, etc. Accordingly, the Plaintiff loaned KRW 20,000,000 to the Defendant on April 31, 2010, and KRW 100,000,000, respectively, around the end of June 2014, and around December 31, 2010. The Plaintiff was issued and delivered a cash storage certificate (Evidence 2) for KRW 200,00,000,000, which was lent from the Defendant up to the end of December 31, 2010.

As between July 19, 201 and November 7, 201, the Defendant paid to the Plaintiff the money, such as the same as the statement in the attached repayment statement, to the Plaintiff’s account, etc., under the pretext of repayment of principal and interest of KRW 200,000,000.

On March 7, 2012, the Plaintiff and the Defendant made a monetary transaction as above with the Defendant, and the Defendant settled the remainder of the loan amount of KRW 150,00,000 on the basis of the Defendant’s details of repayment of principal and interest on the loan amount of KRW 200,000 prior to that time, and then prepared and delivered to the Plaintiff a certificate of loan with the effect that the Defendant would repay the loan amount of KRW 150,00,000 to the Plaintiff by May 7, 2012 (hereinafter “the instant certificate of loan”). At the Plaintiff’s request, the obligee entered the instant certificate of loan in C as the Plaintiff’s wife.

After preparing the instant loan certificate, the Defendant paid the Plaintiff KRW 7,00,000,000 on June 12, 2012, as the repayment of the loan in accordance with the instant loan certificate, and KRW 6,50,000 on August 13, 2012, and KRW 20,000 on October 19, 2012, and KRW 50,000,000 on October 31, 2012, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 7, Gap evidence 8, and Eul evidence 8.