1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. The parties' assertion

A. On May 21, 2012, the Plaintiff entered into a monetary loan agreement with the Defendant on May 21, 2012, and thereafter lent KRW 25,000,000 to the Defendant with interest rate of KRW 2% per month and due date of payment on August 21, 2012. The Defendant repaid KRW 20,000,000 to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of 5,00,000 won and the damages for delay calculated by the rate of 24% per annum from May 22, 2012 to the day of full payment after the above borrowing date to the Plaintiff.

B. The Defendant borrowed the above money from D, not the Plaintiff.

2. Determination

A. Since there is a dispute as to whether a person who lent the above money between the parties is the plaintiff or D, we examine who is the lender of the above monetary loan contract.

B. In light of the following facts and circumstances that are acknowledged by comprehensively considering the overall purport of the pleadings in the evidence Nos. 1, 1, 2, 3, 4, and 5, it is insufficient to recognize that “the Plaintiff” provided the above money to the Defendant only with evidence No. 1, there is no other evidence to acknowledge it, and rather, there is suspicion that the Defendant provided the above money.

Therefore, the plaintiff's assertion that the lender of the above monetary loan contract is the plaintiff is without merit to further examine the remainder of the issue.

1) At the time of entering into the said monetary loan agreement, the creditor column of the loan certificate (Evidence A1) written at the time of entering into the said loan agreement is a blank, and the debtor column is written by the defendant in the debtor column, and the co-defendant C in the first instance trial in the joint and several sureties column is written by the defendant in the joint and several sureties column. 2) On May 21, 2012, 200, 200 won was set and lent to the defendant as of August 21, 2012, and the defendant did not pay the remainder of 5,00,000 won after the defendant repaid 20,000 won to himself.

The payment order against the defendant on May 23, 2017, seeking payment of the remainder of KRW 5,000,000 to the Western District Court Branch.