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1.The judgment of the first instance shall be modified as follows:
On the basis of the ancillary claim added at the trial, the defendant.
Reasons
1. The parties' assertion
A. The plaintiff's assertion 1) The plaintiff extended a total of KRW 420 million to the defendant around March 2007, KRW 50 million, ② KRW 80 million on June 12, 2007, ③ KRW 220 million on November 7, 2007, ④ KRW 70 million on March 25, 2009, and KRW 420 million on March 25, 2009.
B) On November 7, 2007, the Plaintiff borrowed KRW 220 million from F on November 7, 2007 to lend it again to the Defendant. The Defendant paid KRW 220 million in addition to the interest of KRW 50 million borrowed on March 2007, immediately after the Defendant received KRW 20 million, the Defendant paid KRW 70 million in addition to the interest of KRW 20 million borrowed on March 2007, and thereafter on October 15, 2008, the Defendant demanded KRW 150 million out of the principal and KRW 70 million out of the loan amount to pay KRW 70 million, the Plaintiff demanded KRW 70 million out of the loan amount to the Defendant on March 29, 2009 (the remainder of KRW 70 million).
(4) The loan claim amounting to KRW 70 million on March 25, 2009 must be recognized.
() The above loan certificate was presented to D and received KRW 70 million from D and repaid it to F on behalf of the Defendant. Since the Defendant repaid each of the Plaintiff on April 8, 2009 and KRW 60 million on May 21, 2009, the Defendant repaid to the Plaintiff a total of KRW 289 million (= KRW 150 million) to the Plaintiff, the Defendant paid the remainder of the loan amount of KRW 131 million (= KRW 420 million - KRW 289 million) to the Plaintiff. Therefore, the Defendant is obligated to pay the remainder of the loan amount of KRW 130 million to the Plaintiff (= KRW 420 million - KRW 289 million).
2 The gist of the conjunctive claim is, even if the loan amounting to KRW 50 million and KRW 220 million on November 7, 2007 are not recognized on or around March 2007, the Plaintiff leased KRW 70 million to the Defendant on or around March 25, 2009, and received the instant loan certificate prepared by the Defendant. Thus, the Defendant at least KRW 70 million as stated in the said loan certificate, as well as the Plaintiff.