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

1. The reasoning for this part of the basic facts is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, inasmuch as the reasoning of the judgment of the first instance is the same as that of Article 420 of the Civil Procedure Act, with the exception of the fact that “the deposit was made on September 2, 2009” as “the deposit made on September 2, 2008” under Part 3 of the reasoning of the judgment of the first instance.

2. Summary of the parties' arguments

A. With respect to the Plaintiff’s instant loan, the Defendant merely repaid part of the principal and interest until September 30, 2008 as indicated in Table 1 below. As such, upon satisfaction of payment, the principal amount as of September 30, 2008 remains in KRW 38,062,893; interest for arrears remains in KRW 15,586,42 (total amount of KRW 53,649,315); interest for arrears calculated at the rate of 24% per annum, which is the agreed rate for the balance of principal amount.

The plaintiff further recognized the repayment Nos. 1, 2, and 5 in the trial court, but did not reduce the purport of the claim, and as to the 3 million won that the court of first instance alleged to have been repaid by the defendant on March 16, 200, it explained that it was repaid on July 3, 200, and corrected on July 3, 200 the date of repayment.

[Attachment 1] On August 31, 1999 2,00,000,000 on October 14, 1999; 3,000,000 on July 3, 200 on September 25, 2000 on September 25, 2000; 5,000 on March 7, 200, 200 on March 7, 2001; 7,000,000 on June 6, 200 on August 30, 200, 200,000,007 on August 13, 200, 200,000 on August 13, 200, 100,000 on August 30, 2008; and

B. Defendant 1) The agreement on additional repayment of KRW 20 million on September 30, 2008 and the full repayment of KRW 20 million was made by this court. The reasons for this part are as stated by the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2) Of the Plaintiff’s loans, the expiration of the extinctive prescription period, the interest claim for which three years elapsed since it was advanced from January 16, 2017, the filing date of the instant lawsuit, was expired.

3. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant, unless there are special circumstances, raises objection to the plaintiff.