Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid shall be revoked.

Basic Facts

A. On August 31, 2017, the Plaintiff prepared and received a loan certificate (No. 1; hereinafter “the first loan certificate of this case”) from the Defendant, and the said loan certificate is indicated as follows:

The amount of three million won (Won 3,000,000) shall be confirmed to be fully borrowed, and the amount of repayment shall be ten million won per day.

C and U.S. million won shall be appropriated for service charges incurred at the scene of Ulsan and U.S.

The time of repayment: The repayment shall be made on or before September 30 with the amount of the principal and the amount of the revenue shall be paid on or before October 30.

B. On October 25, 2017, the Plaintiff prepared a loan certificate (No. 2, hereinafter “the second loan certificate of this case”) from the Defendant, and the said loan certificate states that “I,” stating, “I, by November 30, 2017, promise, I will confirm the borrowing of KRW 5 million from the Plaintiff and make reimbursement by November 30, 2017.”

C. On August 18, 2017, the Plaintiff remitted each of the Defendant’s accounts KRW 4.7 million, including KRW 28 million on August 31, 2017, KRW 280 million on August 31, 2017, KRW 500,000 on September 28, 2017, KRW 100,000 on October 30, 2017, and KRW 4.7 million on November 28, 2017.

The Defendant, on February 25, 2019, remitted each of the Plaintiff’s account KRW 4.7 million in total and KRW 4.7 million on June 11, 2019.

[Ground of recognition] Evidence Nos. 1, 2, 3, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to loan claims

A. The Plaintiff, on August 31, 2017, lent to the Defendant KRW 3 million and KRW 5 million on October 25, 2017, and KRW 10 million on October 30, 2017, respectively, the Plaintiff sought payment of KRW 9 million in total from the return of each of the loans to the Defendant (i.e., KRW 3 million (i., KRW 5 million). (ii) The Defendant prepared and delivered the instant second loan certificate to the Defendant, but the Plaintiff did not lend only KRW 1 million on October 30, 2017, and actually lent KRW 5 million to the Defendant.

In addition, the Defendant borrowed money from the Plaintiff on a total of 4.7 million won, and the Defendant repaid all of the above loans.

(b).