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1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.
Reasons
1. Basic facts
A. The plaintiff and the defendant are native friendly relatives.
B. 1) On September 5, 2012, the Plaintiff remitted KRW 30 million to the Defendant’s national bank account, and the Defendant, upon C’s request on the same day, remitted the said KRW 30 million to the Defendant’s national bank account. 2) The Plaintiff wired KRW 20 million to the Defendant’s national bank account on November 27, 2012, and the Defendant transferred the said KRW 20 million to E’s account at the Defendant’s request on the same day.
C. Meanwhile, on November 5, 2012, the Defendant remitted the total of KRW 1.8 million to the Plaintiff’s Daegu Bank Account on December 5, 2012, 2012, and January 10, 2013, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1 and 2 (if there are provisional numbers, including each number; hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings
2. As to the lawsuit in this case where the plaintiff sought payment of KRW 50 million from the plaintiff against the defendant, the defendant is not the defendant but the person who borrowed the above money from the plaintiff. Thus, the lawsuit in this case against the defendant is an unlawful lawsuit against the non-qualified person. However, in the lawsuit for performance, the plaintiff's defense has the standing to be the defendant. Thus, the defendant's defense is without merit.
3. Judgment on the merits
A. The Plaintiff’s assertion 1) The Plaintiff set the interest rate of KRW 30 million on September 5, 2012 to the Defendant as 2% per month, and set the amount of KRW 20 million on November 27, 2012 to 1.5% per month. However, the Defendant did not pay the Plaintiff the interest rate of KRW 1.8 million during the three-month period from September 5, 2012 to December 4, 2012 ( KRW 600,000,000,000 for KRW 30,000,000,000 to the Plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff the above loan amounting to KRW 50 million and the agreed interest or delay damages.
The Plaintiff may, even if the agreement on the above 20 million won is not accepted, have to do so to the Defendant.