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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. The plaintiff at the court of first instance rejected the remainder of loans 1,500,000 won on August 5, 2003 and September 4, 2003, loans 1,50,000 won on December 9, 2005, 26,000 won on June 26, 2006, and 2,50,000,000 won on August 30, 206, and 2,50,000,000 won on September 10, 206, and 1,50,000,000 won on September 27, 2006, and 1,000,000 won on September 27, 200, and the remainder of the loans excluding the loan and delayed damages 1,50,000 won on June 26, 205, 2006.
Since only the defendant appealed against this, the subject of this Court's adjudication is limited to the cited part of the above plaintiff's claim.
2. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence 1 to 8 (including the number of each class; hereinafter the same shall apply), or in the testimony of the witness C of the first instance trial by reference to the whole purport of the pleadings. A.
On August 5, 2003, the Plaintiff loaned KRW 2,000,000 to the Defendant on the deposit withdrawn from his own Nong Bank account (Account Number D) as the fifth day of each month.
The loan certificate (Evidence A No. 1-2) delivered by the Plaintiff from the Defendant on the same day on August 5, 2003 was borrowed in the amount of KRW 2,00,000. The Defendant as the borrower.
The monthly interest is indicated as “paid on the fifth day.” B. The Plaintiff loaned KRW 3,00,000 to the Defendant on September 4, 2003 with the money withdrawn from the said Nonghyup Bank’s account, etc. as of October 10, 2003. The Plaintiff stated that “3,00,000 won was liable for the loan certificate (Evidence A No. 1-1) issued by the Defendant on the same day.”
C. The defendant shall pay 430,000 won to the plaintiff's above Nonghyup Bank's account on February 17, 2004, 60,000 won on March 11, 2004, 200 won on September 20, 2004, and 200,000 won on September 20, 200, and 704 on Nov. 1, 2004.