1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. On April 2014, the Plaintiff lent KRW 30,000,000 to Nonparty C, who is the Defendant’s children, but failed to receive adequate repayment. On July 17, 2014, the Plaintiff drafted a loan certificate as set forth in the following: (a) the loan amounting to KRW 30,000,000, interest rate of KRW 400,000, interest rate of KRW 400,000, and the due date of repayment of July 22, 2014.

B. After receiving KRW 16,00,000, which was part of the above loans from C and C and the Defendant, on April 4, 2015, the Plaintiff prepared a written confirmation to the effect that the Defendant, not C, will repay the remaining amount of KRW 14,00,000,00 among the above loans, and that the relationship between the Plaintiff and C becomes effective (hereinafter “instant written confirmation”).

C. On January 11, 2016, the Plaintiff received payment of KRW 14,000,000,000 from the Defendant, respectively, for partial repayment of KRW 1,000,000 on March 31, 2016, and KRW 1,000,000 on June 22, 2016, and KRW 2,000,000 on July 222, 2016 (total KRW 8,000,00).

The Plaintiff filed an application for the instant payment order with respect to the Defendant seeking the payment of the remaining amount from the above KRW 14,000,000, and the original copy of the decision was served to the Defendant on March 22, 2017.

E. On June 28, 2017, after the judgment of the first instance court of this case was rendered, the Plaintiff received reimbursement of KRW 6,000,000 from the Defendant C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 8, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the facts acknowledged earlier, the defendant is liable to pay the remaining amount to the plaintiff after appropriating the above 14,000,000 won to the plaintiff.

B. On April 4, 2015, the Plaintiff agreed to receive KRW 14,000,000 from the Defendant on December 31, 2015, and the due date was determined as of December 31, 2015. Accordingly, the Defendant asserted that the sum of KRW 8,00,000,000 paid to the Plaintiff four times from January 11, 2016 to July 22, 2016 should be first appropriated for the damages for delay that occurred at the time of each repayment. However, the Plaintiff agreed to receive KRW 14,00,000 from the Defendant on April 4, 2015.