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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The fact that the plaintiff lent KRW 10,000,000 to the defendant on January 14, 2008 without fixing the due date is either a dispute between the parties or a dispute between the parties, and the whole purport of the arguments in the evidence Nos. 1 and 2.
B. Therefore, the Defendant is obligated to pay to the Plaintiff 10 million won and damages for delay calculated by the rate of 15% per annum from December 2, 2016 (the day following the delivery day of the original copy of the instant payment order) to the day of complete payment.
2. Judgment on the defendant's assertion
A. The Defendant asserted that the Plaintiff paid the above loans KRW 10,000,000 to the Plaintiff.
B. 1) Comprehensively taking account of the purport of the Defendant’s statement Nos. 1-2-1-2- 0, 2008, 200-10, 200-10, 200-10, 200-10, 200-10, 200-10, 30-10-10, 10-10-14, 200, 100 - 02, 2008-10, 200, 200-10, 200, 200-10, 200, 200-10, 200-10, 200, 200-10, 00-10, 00-10, 2008-10, 2008-10-6, 008, 2008-10-10-6.
However, it is not sufficient to acknowledge that the above money was paid as insurance premium for the defendant's Samsung Bio-resources concluded according to the plaintiff's insurance design and solicitation, and there is no other evidence.
Insurance premium to be paid is KRW 10,000,000, and the deposited money is KRW 1,100,000,1.