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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. The Plaintiff worked as security guards in Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant building”), and the Defendant is the owner of the instant building F, who was the auditor of the council of occupants’ representatives of the instant building.
B. On April 2, 2014, the Defendant borrowed KRW 15,000,000 from the Plaintiff, and on the same day, drafted a authentic deed of promissory notes equivalent to the same amount to the Plaintiff.
C. On July 15, 2015, the Defendant drafted to the Plaintiff a certificate of borrowing KRW 5,000,000, and KRW 5,000,000, respectively, on July 22, 2015.
Around August 2015, the Defendant drafted a letter of payment (hereinafter referred to as the “statement of payment in this case”) with the purport that the Plaintiff shall pay the Plaintiff by December 15, 2015, the amount of KRW 32,000,000 of the principal, KRW 15,000,000 of the interest amount: KRW 10,000,000: E-ho D: KRW 17,000,000, interest amount: KRW 5,000,000, and the payment date to the Plaintiff by December 15, 2015.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 15,300,000 (one hundred five thousand won with interest of KRW 32,00,000 with interest of KRW 15,00,000 with interest of KRW 15,000 with interest of KRW 32,00,000 with interest of KRW 15,000,000 with interest of KRW 15,000 with interest of KRW 1,50,000 with interest of KRW 1,50,000 on March 8, 2016) excluding KRW 80,000 on March 31, 2016 (excluding KRW 30,000,000 with interest of KRW 1,00,000,000 with interest of KRW 30,00,00,050).
3. The defendant's assertion and judgment as to it
A. On June 30, 2014, the Defendant: (a) borrowed KRW 4,00,000 from the Plaintiff and repaid it; (b) on July 22, 2015, the loan certificate on KRW 5,000,000, which was initially purchased by the Plaintiff, was written by mistake even though the Defendant paid the intermediate payment under the instant building E, which the Plaintiff intended to purchase.