1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Basic Facts

On January 29, 199, the Plaintiff lent the amount of KRW 30 million to the Defendant 2% per annum (24%) and without setting the due date.

(hereinafter “instant loan”). On October 16, 2008, the Defendant prepared and delivered the document (Evidence A 1) in writing to the Plaintiff, stating, “I will fix the above amount by June 30, 2009.”

On June 30, 2009, the Defendant repaid the Plaintiff the principal of KRW 10 million among the instant loans, and KRW 20 million on May 11, 201, respectively.

On the other hand, on January 21, 2009, the Plaintiff filed the instant lawsuit claiming a loan based on the loan certificate (Evidence A 1) concerning the instant loan, which was first drawn up by the Defendant, and the said case was proceeding by service by publication.

On August 11, 2009, the court of first instance rendered a judgment in favor of the Plaintiff that “the Defendant shall pay to the Plaintiff 20 million won with 25% interest per annum from January 30, 1999 to July 3, 2009, and 20% interest per annum from the next day to the day of full payment.”

On May 11, 2018, the defendant submitted a written appeal for subsequent completion to the judgment of the first instance to this court.

[Ground of recognition] The defendant, on October 16, 2008, prepared and delivered a document in writing to the plaintiff on June 30, 2009, stating that "The above amount shall be determined by 30 million won, and shall be determined by 30 million won until June 30, 2009" was agreed on June 30, 2009. Thus, according to the above facts and basic facts, the defendant is obligated to pay the plaintiff damages for delay as claimed by the plaintiff among the interest on the loan of this case from December 30, 199 to June 30, 2009, unless there are special circumstances to the plaintiff.

The conclusion rate of the defendant's assertion is modified.