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1. The defendant in the judgment of the first instance exceeds the money to be paid below to the plaintiff.
Reasons
1. Determination as to the cause of claim
A. According to the overall purport of the statements and arguments in Gap evidence Nos. 1 through 3, it is acknowledged that the plaintiff lent a total of KRW 63,290,00 to the defendant from March 24, 2014 to September 6, 2014. The fact that the duplicate of the complaint in this case including the declaration of peremptory notice to perform the above loan was served on the defendant on July 1, 2015 is apparent. The plaintiff received KRW 10,217,600 from the defendant until July 18, 2014; the plaintiff received KRW 16,340,000 from July 25, 2014 to September 23, 2014; and the fact that the plaintiff received KRW 80,000 in cash from the defendant.
(1) The court below held that the plaintiff's payment of KRW 80,00 was made in cash at the court of first instance and revoked it at the court of first instance, but there is no evidence to prove that the confession was contrary to the truth and due to mistake, and thus, the above revocation is not effective). In full view of the above facts, the plaintiff is deemed to have lent money to the defendant without fixing the period for repayment and interest. As such, the plaintiff's loan obligation against the plaintiff constitutes a debt with no due date and the service of the copy of the complaint of this case which contains the plaintiff's declaration of intent to pay due date reaches the due date. Since there is no agreement on interest, the amount of money paid by the plaintiff to the plaintiff prior to the delivery of the copy of the complaint of this case was fully appropriated for the principal of the loan. Thus, the defendant is obligated to pay the plaintiff the amount of KRW 35,93,00 [=63,290,000-27,357,000 won (=10,217,34000,000 won).
B. Meanwhile, the Defendant: (a) paid KRW 1,690,000, which the Plaintiff deposited on March 24, 2014, to the Plaintiff’s personal expenses during the construction process; and (b) paid KRW 18,60,000 to the Defendant.