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.

1. Facts of recognition;

A. On October 20, 2016, the loan certificate (hereinafter “the loan certificate of this case”) was written between the Plaintiff and the Defendant as follows. On October 20, 2016, immediately next to the loan certificate of this case, stating “one million won per day” as “the attorney fee of this case: four million won; penalty: 4 million won.”

The borrower shall borrow the full amount of KRW 8 million on the premise of promoting a small number of power generation businesses on December 14, 2016, and at the time of failure to produce electricity due to the failure to operate a small number of power generation businesses on December 14, 2016, the borrower shall be held liable for the borrowed amount and compensation for damage and all civil and criminal responsibilities.

Provided, That if the promise is implemented, it shall be refunded only to attorney-at-law loans.

(Partial omitted)

B. On October 21, 2016, the Plaintiff transferred to the attorney-at-law C the cost of appointing the attorney-at-law of D, a patentee, KRW 2 million, out of KRW 4 million.

C. On July 12, 2017, after the filing of the instant lawsuit, the Defendant paid KRW 2 million to the Plaintiff.

[Ground of recognition] Uncontentious facts, Gap evidence 1 and 2-2, and the purport of the whole pleadings

2. The parties' assertion

A. On October 2016, the Plaintiff’s summary of the Plaintiff’s assertion was asked by the Defendant to lend KRW 4 million to the Plaintiff’s attorney-at-law’s appointment fee in relation to the business of a small number of power co-generation generation, and that KRW 2 million was set off against the Plaintiff’s attorney-at-law’s claim, and the remaining KRW 2 million was remitted directly to C.

Until December 14, 2016, the Defendant: (a) agreed to return the loan certificate of this case to the Plaintiff by adding a penalty of KRW 4 million to a penalty of KRW 4 million where a small power unit operator operated the small power unit and did not produce electricity until then; and (b) the Defendant returned only KRW 2 million to the Plaintiff as the Defendant did not produce electricity until now.

Therefore, the defendant's remaining 6 million won is added to the plaintiff.