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1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.
2.
Reasons
1. The Plaintiff’s summary of the Plaintiff’s assertion lent KRW 8,00,000 to the Defendant via C on September 22, 2007, and KRW 12,00,000 directly on October 5, 2007, respectively, and received KRW 7,00,000 from the Defendant on October 12, 207.
Therefore, the defendant is obligated to refund the amount of the above loan to the plaintiff KRW 13,000,000, which is the unpaid amount of the loan, and damages for delay.
2. Determination:
A. In full view of each of the statements in Gap evidence Nos. 3-1 to 3, the plaintiff loaned KRW 12,00,000 to the defendant on October 5, 2007 without fixing the due date, and the defendant returned KRW 7,000,000 to the plaintiff on October 12, 2007. According to the above facts of recognition, the defendant is liable to pay the plaintiff the above loan balance amount of KRW 5,00,000,00 and damages for delay, unless there are special circumstances.
D. The plaintiff asserts that he lent KRW 8,00,000 to the defendant through C on September 22, 2007, but it is not sufficient to recognize each of the statements in subparagraphs 1 and 2, and there is no other evidence to acknowledge it. The plaintiff's assertion in this part is not accepted.
In addition, since the Plaintiff sought the payment of interest on the above loan from September 22, 2007, it is insufficient to recognize that the Plaintiff agreed to pay the interest at the time of lending the above loan to the Defendant by itself, and there is no other evidence to support this, the Plaintiff’s assertion on this part is rejected.
Article 20,000 won (=50,000 won + 100,000 won + 500,000 won + 50,000 won + 50,000 won on May 25, 2009, September 13, 2009; 50,000 won on May 17, 2010; and 800,000 won on December 28, 2012; and (50,000 won + 100,000 won + 50,000,000 won on December 28, 2012) are paid by the Plaintiff from the said Defendant. As such, the Plaintiff is a person who has been the said 80,00 won on the loan from the said Defendant.