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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. Facts of recognition;
A. On June 2009, the Defendant purchased 1028/78/7838/7830 of the forest land in Chuncheon City from Dong-si, Inc., Dong-dong (hereinafter “Dong-dong Branch”) as the Plaintiff’s introduction in KRW 57,908,200, and did not pay the remainder of KRW 24,00,000.
B. Accordingly, the Plaintiff, on behalf of the Defendant, paid the Defendant the remainder of KRW 24,00,000 on behalf of the Defendant, and then proposed that the Defendant repay the remainder to the Plaintiff later.
As the Defendant consented to the proposal, the Plaintiff paid the remainder of KRW 24,00,000 on behalf of the Defendant to Eastern Republic.
C. On September 10, 2009, the defendant completed the registration of transfer of shares in the name of the defendant with respect to the share 1028/1028 out of the forest of this case.
[Ground of recognition] Facts without dispute, entry of evidence No. 3, purport of the whole pleadings
2. The plaintiff's cause of claim and judgment
A. On August 25, 2009, the Plaintiff asserts that on November 25, 2009, the Plaintiff leased KRW 24,000,00 to the Defendant with a maturity of KRW 25% per annum on November 25, 2009 and KRW 24,00,000 per annum on KRW 24,00 from August 26, 2009 to March 31, 2014, plus interest of KRW 26,446,451 on KRW 24,00,00,00 per annum from the day following the delivery of the original copy of the instant payment order to the day of full payment.
B. As seen earlier, the Plaintiff lent KRW 24,00,000 to the Defendant. However, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant regarding the interest accrued from August 26, 2009 to March 31, 2014, the Plaintiff’s assertion regarding the above interest payment claim cannot be accepted.
Therefore, unless there are special circumstances, the defendant is obliged to pay to the plaintiff KRW 24,000,000 and damages for delay.
C. The Defendant’s defense of partial payment of the Defendant’s defense is against the Plaintiff.