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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On March 25, 2013, the Defendant borrowed KRW 6,000,00 from the Plaintiff’s wife D, and at the time, the Defendant issued and delivered to D a loan certificate stating “I will pay interest on KRW 6,000,000 and pay for each month (per KRW 1,000,000).”
B. D died on January 10, 2016, and his inheritor and children are husbands and E/F, and the above inheritor and children agreed on D’s loan claims against D against the Defendant on their sole inheritance.
C. On March 28, 2016, the Defendant issued and delivered a written performance note on the loan certificate stating that “6,00,000 won shall be repaid until November 2, 2016. If it is impossible to repay, it shall be subject to any civil or criminal punishment if it is not possible to repay.” D.
The Defendant paid KRW 795,695, and KRW 1,99,055 on March 29, 2016, respectively, to the Plaintiff as repayment for the principal of the loan, and KRW 1,99,055 on May 4, 2016.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers in case of additional number), the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Plaintiff’s wife asserted that 2% or 3% interest rate of KRW 6,00,000 per month to the Defendant was “2% per month” in the first instance court. However, this court claimed “3% per month” in the purport of the claim. However, the Defendant did not have an obligation to pay the principal and damages for delay from the Defendant’s loan to the Plaintiff, 205,250 won per month after deducting the amount repaid as above from the amount repaid to the Plaintiff who inherited the above loan claim. As such, the Defendant did not have an obligation to pay the principal and damages for delay from the loan amount of KRW 5,183,974,89,389 and 205 of the monthly interest rate of KRW 2% from March 25, 2013 to April 14, 2017.
B. The part on the claim for principal of judgment 1.