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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. Basic facts
A. On February 29, 2012, the Defendant: (a) purchased 179/33060 co-ownership shares of KRW 23,370,00 from C Co., Ltd. (hereinafter “Nonindicted Company”); and (b) purchased 179/330,000 shares of KRW 33060,000,000; (c) completed the registration of ownership transfer as to the said co-ownership on March 14, 2012; and (d) purchased 179/30,340,00 shares of the said forest from October 5, 2012 for KRW 21,340,000; and (e) completed the registration of ownership transfer as to the said co-ownership on October 25, 2012.
B. Meanwhile, the Defendant borrowed KRW 18,00,000 from the Plaintiff on February 29, 2012, with a view to raising the purchase fund at the time of purchasing each of the instant forest land’s co-ownership shares from the Nonparty Company. On December 29, 2012, the Defendant borrowed KRW 18,00,000 from the Plaintiff on December 29, 2012 at the interest rate of 1% per month (hereinafter “first loan”), and borrowed KRW 18,00,000 from the Plaintiff on October 5, 2012.
(hereinafter referred to as “second loan,” and “each of the instant loans” referring to the first and second loans hereinafter). 【No dispute exists, evidence Nos. 1 through 4, and the purport of the entire pleadings and arguments, respectively.
2. Summary of the parties’ assertion
A. The Plaintiff borrowed 36,00,000 won for each of the instant loans to the Defendant at an interest rate of 1% per month, and was paid a total of 13,90,000 won from the Defendant. If the repayment amount is appropriated for the interest calculated by the rate of 1% per month and the principal of each of the instant loans, the Plaintiff has a duty to pay the Plaintiff KRW 25,340,000 for the principal and interest of the instant loans as of December 31, 2017 and KRW 6,840,00 for the principal and interest of the instant loans as of December 31, 2017. The Defendant is obligated to pay the Plaintiff KRW 19,340,000 (= KRW 19,000,0000).
B. Defendant 1) repaid KRW 28,340,00 to the Plaintiff from April 6, 2012 to September 20, 2016. If the Defendant appropriated each of the instant loans for the principal and interest of each of the instant loans, Defendant left 9,211,654 only the principal and interest of the instant loans. 2) The Defendant purchased each of the instant forest land owned by Nonparty Company, and thereafter thereafter, raised objection from the Plaintiff.