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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. According to Gap evidence Nos. 1 and 2 as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 20 million borrowed from the plaintiff on September 29, 201 as interest rate of KRW 20,000,00 (hereinafter "the loan of this case") and as of December 30, 201. According to the above facts, the defendant is obligated to pay to the plaintiff the loan of this case 20,000,000 and damages for delay, barring any special circumstance.
2. Judgment on the defendant's defense
A. On July 11, 2013, the Defendant agreed to extinguish the entire debt of the instant loan by repaying KRW 15,000,000 with the Plaintiff as a result of the settlement agreement.
(Interest and Principal KRW 5,00,000 are the purport of exempting the Defendant from the principal). As such, the evidence submitted by the Defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Therefore, the Defendant’s defense of settlement of accounts is without merit.
B. On July 11, 2013, the Defendant asserted that the Plaintiff paid KRW 15,00,000 out of the loan amount of this case to the Plaintiff via C through the Plaintiff on July 11, 2013. Accordingly, according to each of the evidence Nos. 8 and 9 (including the number of evidence with a serial number), C may recognize the fact that he remitted KRW 15,00,000 to the Defendant under the pretext of subrogation for the loan amount of this case upon the Plaintiff’s request on July 11, 2013. Accordingly, the Plaintiff asserted that the above amount was paid to the Defendant for the other debt of this case. However, there is no objective material to prove the existence and content of other debt that the Plaintiff claimed that the Plaintiff was paid at KRW 15,00,000,000, and if the obligor did not complete the entire debt payment to the same obligee, the Plaintiff is entitled to 14,000,000,000 won under the Civil Act.