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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. The Plaintiff’s determination on the cause of the claim was made to the Defendant, KRW 50,00,00 on August 9, 2006, KRW 10,000 on January 29, 2007, KRW 12% per annum, and each interest rate was set at 12% per annum (hereinafter “the instant loan”). The Defendant’s failure to pay the Plaintiff the agreed interest from December 30, 2007 may be recognized either as having no dispute between the parties, or as a whole, taking into account the purport of the entry in the evidence No. 1 and the entire pleadings.
Comprehensively taking account of the above facts, the defendant is obligated to pay the above loans of KRW 60,000,000 and interest and delay damages to the plaintiff, unless there are special circumstances.
2. Judgment on the defendant's assertion
A. The Defendant, upon receiving the original copy of the instant payment order, requested that the Plaintiff pay KRW 80,000,000 to the Plaintiff when the principal and interest of the instant loan were added, and if the Plaintiff paid KRW 80,000 to the Defendant, the Plaintiff shall be deemed to have received all the principal and interest of the instant loan.
The Defendant confirmed that the Defendant paid KRW 80,000,000 to the Plaintiff accordingly, and accordingly, the Defendant’s obligation under the instant loan was all extinguished.
2. As to this, the Plaintiff asserts to the effect that the agreement was not reached as alleged by the Defendant.
B. The facts of recognition asked the Defendant to the effect that, on November 27, 2015, the Plaintiff would pay KRW 30,000,000 to the Plaintiff and the Plaintiff’s denial, but the Plaintiff refused this request. On December 4, 2015, the Defendant refused the request by the Plaintiff for the consultation to pay KRW 40,000 to the Plaintiff upon finding the Plaintiff’s home, but the Defendant refused this request. On December 7, 2015, the Defendant’s request was made to the Plaintiff for the consultation. However, the Plaintiff refused this request by the Plaintiff on December 7, 2015, but the Defendant’s request was rejected, along with the Plaintiff’s house on December 14, 2015, the Defendant found the Plaintiff’s house as the Plaintiff’s house to be KRW 70,000,000,000.