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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. The Plaintiff remitted total of KRW 15,350,00 to the account in the name of C used by the Defendant, KRW 13,00,000 on November 13, 2018, and KRW 2,350,00 on November 20, 2018, and KRW 15,350,000 on the account in the name of C used by the Defendant.
B. On December 27, 2018, the Defendant issued to the Plaintiff a certificate of borrowing the following content (hereinafter “the instant certificate of borrowing”).
1. Date of maturity for principal payment: on November 24, 2020, the date of maturity for principal payment: 2.54% per annum which is 26.54% per annum and is the maximum interest rate stipulated in the Interest Limitation Act.
3. Date of the payment of transplant: To be fixed on the 25th day of each month; 4. If transplant money is overdue, it shall be calculated as a welfare ceremony, such as the principal, with respect to transplant money.
5. To immediately repay the principal and interest at the request of the creditor even before the contract period in the same case as the following items:
(b) Payment of a transplant shall be overdue;
(b) A provisional seizure or compulsory execution due to other debts;
(c) There is a risk of being subject to compulsory execution on property by bearing the obligations of others;
(6) Other (7) : To make up for the full payment at the time of sale. from Category A to the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Fund of the Bank of Korea. In order to ensure
C. From February 25, 2019, the Defendant did not pay to the Plaintiff the agreed interest on the instant loan certificate.
【Ground of recognition】 The facts without dispute, Gap evidence No. 1 (this case’s loan certificate, defendant’s defense that the loan certificate of this case was prepared by plaintiff’s duress, but there is no evidence to prove it), Gap evidence No. 2 (including the provisional number), and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff lent KRW 16,000,000 to the Defendant, as indicated in the instant loan certificate.
The defendant on 2019.