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1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
Reasons
1. In the first instance court, the Plaintiff sought payment of damages for delay from the date following the delivery of a copy of the complaint on the total amount of KRW 29 million and its principal leased, damages for delay from the date following the delivery of a copy of the loan principal until December 31, 2007, interest KRW 13.5 million from the date following the delivery of a copy of the complaint on the loan principal, and damages for delay from the date following the delivery of the copy of the complaint on the loan principal, interest KRW 1.32 million from January 1, 2008 to December 31, 2017, and interest KRW 1.32 million from the date of delivery of a copy of the complaint on the loan principal, and damages for delay from the date following the delivery of a copy of the complaint on the loan principal. The first instance court dismissed the Plaintiff’s appeal as to the above part of the claim and the remainder of the appeal are dismissed, and the Plaintiff’s appeal is limited to the date of appeal and the remainder of the appeal.
2. The plaintiff lent to the defendant the amount of KRW 5 million on April 1, 199, ② KRW 5 million on June 5, 199, ③ KRW 5 million on July 22, 199, ④ KRW 25 million on December 28, 199, ⑤ KRW 6.5 million on March 16, 2005, and KRW 6.5 million on April 28, 2005.
On June 24, 2008, the Defendant drafted a loan certificate (Evidence A 1; hereinafter “the loan certificate of this case”) stating that the Plaintiff shall pay a total of KRW 29 million to the Plaintiff by August 31, 2011.
[Reasons for Recognition] The entry of Gap's evidence Nos. 1 through 7 and the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion was that the Plaintiff agreed upon interest at the time of the above loan in this court for the reasons for appeal (i.e., the interest rate of 4% per month, 3% per month of the loan, 4% per month, 5% per month of the loan, 6% per month of the loan), 13.5 million won per month until December 31, 2007 as to the Plaintiff’s total sum of 29 million won, and 13.2 billion won per month from January 1, 2008 to December 31, 2017, which was recognized by the first instance court.